
Virginia Hit And Run Lawyer — What Are Your Defense Options?
A hit and run in Virginia is a serious offense under Va. Code § 46.2-894, carrying potential jail time and license suspension. Law Offices Of SRIS, P.C. provides a strong defense for accident flight charges. Our Virginia hit and run lawyer team has handled numerous leaving the scene cases across the state. Contact us for a 24/7 consultation.
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In Virginia, the law requires any driver involved in an accident to stop immediately at the scene or as close as possible without obstructing traffic. You must provide your name, address, driver’s license number, and vehicle registration number to the other driver, any injured person, or the property owner. If the other party is injured and unable to receive the information, you must report the accident to law enforcement. Failure to fulfill these duties constitutes a hit and run, or leaving the scene.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
The firm was founded in 1997 by former prosecutor Mr. Sris, whose background in accounting provides an edge in cases involving property damage assessments.
Official Legal Resources
For the full text of the statute, refer to Va. Code § 46.2-894 (official Virginia General Assembly). Court procedures and forms can be found on the Virginia Judicial System website.
Defending a Hit and Run Charge in Virginia
A hit and run attorney must quickly assess the facts. A common defense is lack of knowledge—you were unaware an accident occurred. Perhaps you felt a minor bump you believed was a pothole. The prosecution must prove you knew of the accident and willfully failed to stop. Evidence like vehicle damage, witness statements, and traffic camera footage is critical.
- Contact a Virginia hit and run lawyer immediately after being charged or receiving a summons.
- Your attorney will obtain the police report and all evidence, including any witness statements or surveillance video.
- Your lawyer will evaluate the strength of the prosecution’s case on the key element of “knowledge” of the accident.
- Based on the evidence, your attorney will develop a strategy, which may involve negotiating a favorable resolution or preparing for trial.
- If a trial is necessary, your lawyer will present your defense, challenging the evidence and arguing your case before the judge.
Potential Penalties for Leaving the Scene
In Virginia, hit and run penalties vary based on whether the accident resulted in injury, death, or only property damage, with consequences ranging from fines to felony charges.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Hit & Run (Property Damage) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible suspension | 6 DMV points, criminal record |
| Hit & Run (Injury) | Class 5 Felony | 1-10 years (or up to 12 months if misdemeanor) | Up to $2,500 | Mandatory revocation | Felony record, 6 DMV points |
| Hit & Run (Death) | Class 5 Felony | 1-10 years | Up to $2,500 | Mandatory revocation | Felony record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Hit and Run Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a combined 120+ years of legal experience to building a defense for clients. We approach each hit and run defense case by meticulously examining the evidence to challenge the prosecution’s claim that our client knowingly left the scene.
Kristen M. Fisher
Of Counsel (Former Prosecutor)
Bar Admissions: Maryland; Virginia
A former Assistant State’s Attorney in Maryland, Kristen Fisher uses her prosecutorial insight to build effective defenses for traffic and criminal cases, including hit and run charges, in Virginia and Maryland courts.
Case Results
Our firm-wide record across VA, MD, NJ, NY, and DC includes 4,739+ documented results with a 93%+ favorable outcome rate. In hit and run cases, favorable outcomes often involve having charges reduced to a non-criminal traffic offense or dismissed entirely when the evidence for a knowing departure is weak.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. Our Fairfax location serves all Virginia communities.
Frequently Asked Questions
Is hit and run a felony in Virginia?
It depends. A hit and run involving only property damage is a Class 1 misdemeanor. If the accident results in injury or death, it becomes a Class 5 felony, carrying much more severe penalties including potential prison time.
Can I go to jail for a hit and run in Virginia?
Yes. For a misdemeanor hit and run with property damage, you face up to 12 months in jail. A felony hit and run involving injury or death carries a potential prison sentence of 1 to 10 years.
What should I do if I’m charged with leaving the scene?
Contact a hit and run defense lawyer immediately. Do not discuss the case with anyone else. Your attorney will review the evidence, especially focusing on whether the prosecution can prove you knew an accident occurred, which is a required element for conviction.
Will my license be suspended for a hit and run?
For a hit and run involving property damage or injury, the court has the discretion to suspend your driving privilege. If the accident involves a death, your license will be mandatorily revoked by the court.
What is a common defense to a hit and run charge?
A common defense is lack of knowledge. If you were unaware that an accident occurred—for example, if the contact was minimal—you cannot be guilty of willfully leaving the scene. An experienced leaving the scene lawyer will investigate to support this claim.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.