Hit and run charges in Virginia can be charged as  either a misdemeanor or a felony depending on the  severity of the accident and the resulting damage or  injury.

Class 1 Misdemeanor Hit and Run

A Class 1 misdemeanor generally applies when the  accident results in property damage of $1,000 or less.  Penalties may include:

• Up to 12 months in jail
• Fines of up to $2,500

Class 5 Felony Hit and Run

A Class 5 felony may apply when the accident  involves at least one of the following:

• Property damage exceeding $1,000
• Injury to another person
• Death resulting from the accident

Potential penalties include:

• Up to 10 years in prison
• Fines of up to $2,500
• Possible license suspension

In some cases, yes. A hit and run charge in Virginia is  not automatically a conviction, and there may be  opportunities to challenge the charge, reduce the  offense, or lessen the potential consequences  depending on the facts involved.

These cases often depend on specific details, including  what happened at the scene, whether the driver was  aware an accident occurred, and whether the legal requirements to stop or provide information were met  under Virginia law.

Common defenses may include:

• Compliance with reporting requirements — In  some situations, a driver may have taken reasonable  steps to exchange information or report the accident as  required under Virginia law.
• Insufficient evidence — The prosecution must prove  the identity of the driver and the elements of the  offense beyond a reasonable doubt.

At Driving Defense Law, our attorneys handle serious  traffic cases across Hampton Roads every day. We can  review the circumstances of your case, explain your  options, and help you understand the best path  forward.

If you were charged with hit and run in Virginia, it is important to take the charge seriously and avoid making decisions that could negatively affect your case. Even misdemeanor hit and run charges can carry significant penalties, including jail time, fines, license consequences, and a permanent criminal record.

Do not miss your court date — A hit and run  charge in Virginia requires a mandatory court  appearance. Failing to appear can result in a  warrant for your arrest and additional charges,  including Failure to Appear.

• Write down everything you remember  about the incident — Details such as what  happened before and after the accident, whether you realized contact occurred, any  attempts to stop or report the incident, and any  conversations or actions at the scene can all be  important later in your defense.
• Preserve any evidence you may have — Photos, video, dashcam footage, vehicle damage, or witness information may help provide important context about what happened.
• Contact an attorney as soon as possible — Hit and run cases are highly fact-specific, and  early legal guidance can make a difference in  how your case is handled. An experienced attorney can review the evidence, explain your  options, and help you determine the best path  forward.

At Driving Defense Law, our traffic attorneys  represent drivers throughout Hampton Roads,  including Virginia Beach, Norfolk, Chesapeake,  Suffolk, Newport News, Hampton and Portsmouth.  We handle hit & run cases in Virginia courts every  day and understand the local court system and what it  takes to help our clients pursue the best possible  outcome. For a free consultation, please call us at 775- 929-0335 or fill out the form below.