In Virginia, leaving the scene of an accident is a crime in itself — no matter who caused the crash. A moment of panic can turn a minor fender-bender into a criminal charge that threatens your license, your record, and even your freedom. If you’re facing a hit-and-run charge anywhere in Hampton Roads, Decker Law knows Virginia’s law cold and how to fight it. Call 757-622-3317 for a free consultation, available 24/7.
WHY LEAVING THE SCENE IS A CRIME IN VIRGINIA
Virginia law requires every driver involved in an accident to stop, give their name and registration, and provide reasonable help to anyone injured (Va. Code § 46.2-894). Crucially, this duty applies whether or not the crash was your fault — so drivers who leave simply because they were shaken, or assumed the damage was minor, can find themselves charged with a serious offense. Even passengers can face penalties for failing to report an accident when the driver won’t.
How the charge is classified depends on what happened. Leaving a scene that involved a death, an injury, or property damage over $1,000 can be a Class 5 felony carrying up to ten years in prison. Lower-value or unattended-property cases are misdemeanors. Because the line between them turns on facts like the extent of damage, whether anyone was hurt, and what you knew at the time, an experienced defense can make a real difference in the outcome.
HIT AND RUN CHARGES: WHAT TO KNOW
What are the penalties in Virginia?
It scales with the harm. A crash involving death, injury, or damage over $1,000 can be a Class 5 felony (up to 10 years). Damage under $1,000 to an attended vehicle, or $250–$1,000 to unattended property, is generally a Class 1 misdemeanor; unattended property under $250 is a Class 4 misdemeanor.
What was I legally required to do?
Stop, share your name and registration, and give reasonable assistance to anyone injured (Va. Code § 46.2-894). If you struck an unattended vehicle or property, you must make a reasonable effort to find the owner or leave a note.
Can passengers be charged?
Yes. A passenger who fails to report an accident when the driver doesn’t can face penalties too — a detail many people don’t realize.
What are common defenses?
That you weren’t aware an accident occurred, that you didn’t knowingly leave, that the damage or injury element isn’t met, or mistaken identification of the vehicle. We look hard at what you actually knew and what the evidence really shows.
What if I was the victim of a hit and run?
That’s a different situation with its own options — you may be able to recover through your own uninsured motorist coverage. See Uninsured Motorist on our personal injury side.
WHY THE ACCUSED CHOOSE DECKER
We act before the story sets
Early on, evidence and witness memories are still fresh. Moving fast lets us shape the facts before the prosecution’s version hardens.
We know the law’s fault lines
The felony/misdemeanor line turns on damage, injury, and what you knew. We press every element the state has to prove.
We fight to reduce or dismiss
Whether it’s a lesser charge, a favorable resolution, or a dismissal, we pursue the best outcome your facts allow.
MEET OUR LAWYERS
Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
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Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
MEET OUR LAWYERS
Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
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Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
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George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
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Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
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Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
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Joseph Rigney
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
A hit-and-run charge is often more defensible than it first appears — but the window to shape the case is early. Reach us by text, chat, phone, or email — or call right now at 757-622-3317.
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