What’s the Penalty for a Hit and Run in Arizona?

Leaving the scene of an accident in Arizona — commonly called a “hit and run” — is a criminal offense that can range from a Class 2 misdemeanor to a Class 2 felony depending on whether injuries or death resulted. Arizona’s hit and run laws under A.R.S. § 28-661 through § 28-665 require every driver involved in an accident to stop, exchange information, and render aid. Failing to do so triggers criminal charges on top of any traffic violations. At Oliverson Law DUI & Criminal Defense, our team — including a former judge and former prosecutors — fights to protect your rights after a hit and run charge. Call (480) 582-3637 for a free consultation.

Key Takeaways

• Penalties Depend on the Severity: Hit and run involving only property damage is a Class 2 misdemeanor. If someone is injured, it becomes a Class 5 felony. If someone dies, it is a Class 3 felony.
• You Must Stop and Provide Information: Arizona law requires you to stop at the scene, exchange driver and insurance information, and render reasonable assistance to anyone who is injured.
• A Hit and Run Can Be Charged Alongside DUI: If you leave the scene and are later found to have been impaired, you face both hit and run charges and DUI charges — dramatically increasing the penalties.

Arizona’s Hit and Run Laws by Severity

Arizona breaks hit and run offenses into three categories based on the outcome of the accident. Each carries different charges and penalties.

Property Damage Only (A.R.S. § 28-662)

If you are involved in an accident that damages another vehicle, property, or fixture and you leave the scene without stopping, you face a Class 2 misdemeanor. Penalties include up to 4 months in jail, fines up to $750, and 4 points on your driving record. You must also pay restitution for the property damage. Even a minor fender bender in a parking lot qualifies if you leave without providing your information.

Injury Accident (A.R.S. § 28-661)

Leaving the scene of an accident that caused injury to another person is a Class 5 felony carrying a presumptive sentence of 1.5 years in prison. If the injury is serious, the charge can be elevated and sentences increase. You are required not only to stop and exchange information but also to render reasonable assistance — including calling 911 and helping the injured person to the extent you are able.

Fatal Accident (A.R.S. § 28-661)

If someone dies as a result of the accident and you leave the scene, you face a Class 3 felony with a presumptive sentence of 3.5 years in prison. If you were also impaired at the time, additional DUI charges — potentially including vehicular manslaughter — can be filed, creating the possibility of consecutive prison sentences.

Defenses to Hit and Run Charges

Defending against a hit and run charge requires examining the specific facts carefully. Common defenses include: you were not aware an accident occurred, you were not the driver of the vehicle, you did stop and provide information but the other party was not present, or you left the scene due to a genuine safety concern (such as a hostile confrontation) and reported the accident promptly afterward. Your attorney will also examine whether police properly identified you as the driver and whether any evidence was obtained unlawfully.

Related Articles

• What Makes a DUI a Felony in Arizona?
• Is Purposely Causing a Car Accident a Crime?
• Assault vs. Aggravated Assault in Arizona

Frequently Asked Questions

What is the penalty for a hit and run in Arizona? It depends on the severity. Property damage only is a Class 2 misdemeanor (up to 4 months jail). Injury is a Class 5 felony (presumptive 1.5 years prison). Death is a Class 3 felony (presumptive 3.5 years prison).

Is a hit and run always a felony in Arizona? No. Hit and run involving only property damage is a misdemeanor. It becomes a felony when someone is injured or killed. However, even a misdemeanor hit and run results in a criminal record, points on your license, and mandatory restitution.

Can I be charged with hit and run if I didn’t know I hit someone? Lack of knowledge that an accident occurred is a valid defense. However, prosecutors will argue that a reasonable person would have been aware of the collision based on the circumstances — the sound, impact, damage to your vehicle, or witness testimony.

What should I do if I accidentally left the scene of an accident? Contact an attorney immediately, then report the accident to police as soon as possible. Voluntary reporting — especially if done promptly — can significantly improve your legal position. Do not discuss the details with anyone other than your lawyer before making a report.