Hit and Run Defense
In Arizona, "hit and run" means leaving the scene of a crash without doing what the law requires: stopping, staying, sharing your information, and helping anyone who is hurt. Depending on whether someone was injured, the charge can be a misdemeanor or a serious felony, and a conviction can lead to a license revocation lasting years.
Charged with hit and run in Maricopa County? Do not give a statement to police, and do not contact the other driver or witnesses about the case or post about it online. Call Nova Law Group at (480) 405-6767 for a free, confidential consultation.
What the law says
Arizona has separate statutes for different kinds of crashes, on public or private property.
Crashes with injury or death. Under A.R.S. § 28-661(A), a driver involved in a crash that injures or kills someone must stop at the scene, or as close to it as possible, promptly return to the scene, and stay there until the duties in A.R.S. § 28-663 are met.
Crashes that damage an attended vehicle. Under A.R.S. § 28-662(A), when a crash only damages a vehicle that someone is driving or attending, the driver must stop at the scene or as close as possible, return, and stay until the § 28-663 duties are met. The stop should not block traffic more than necessary.
What you must do at the scene. Section 28-663(A) requires you to:
- Give your name and address and the registration number of the vehicle you are driving.
- Show your driver license, if asked, to the person struck or to the driver, occupant, or attendant of the vehicle you collided with.
- Give reasonable assistance to anyone injured, including transporting them, or arranging transport, to a physician, surgeon, or hospital if treatment appears necessary or if the injured person asks.
Hitting an unattended vehicle. Under A.R.S. § 28-664(A), if you hit a parked or unattended vehicle, you must stop immediately and either find the owner or operator and give them the name and address of the driver and owner of your vehicle, or leave a written notice with that information in a conspicuous place in the vehicle you struck.
These duties apply whether or not you caused the crash. Who caused it can matter for how a felony is classified, as shown below.
How it is classified
| Circumstance | Classification |
|---|---|
| Failure to stop or meet § 28-663 duties, crash caused death or serious physical injury | Class 3 felony |
| Same as above, and the driver caused the crash | Class 2 felony |
| Failure to stop or meet § 28-663 duties, crash caused an injury other than death or serious physical injury | Class 5 felony |
| Failure to give reasonable assistance to an injured person | Class 6 felony |
| Failure to give your name, address, and registration, or to show your license on request | Class 1 misdemeanor |
| Failure to stop or meet § 28-663 duties, crash damaged only an attended vehicle | Class 1 misdemeanor |
| Failure to stop and notify after hitting an unattended vehicle | Class 1 misdemeanor |
A.R.S. § 28-661(C) and (D), § 28-663(C) and (D), § 28-662(C), and § 28-664(C). "Serious physical injury" is defined in A.R.S. § 13-105 as an injury that creates a reasonable risk of death or causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of a bodily organ or limb.
Possible penalties
For a first felony conviction that is not a dangerous offense, A.R.S. § 13-702(D) sets these prison ranges:
| Class | Minimum | Presumptive | Maximum |
|---|---|---|---|
| Class 2 felony | 4 years | 5 years | 10 years |
| Class 3 felony | 2.5 years | 3.5 years | 7 years |
| Class 5 felony | 0.75 year | 1.5 years | 2 years |
| Class 6 felony | 0.5 year | 1 year | 1.5 years |
If the court finds at least two aggravating or two mitigating circumstances, it can use the wider mitigated and aggravated ranges in the same subsection. Prior felony convictions raise these ranges under A.R.S. § 13-703, and a dangerous-offense finding raises them under A.R.S. § 13-704.
For a class 1 misdemeanor, A.R.S. § 13-707 caps jail at six months, and A.R.S. § 13-802 caps the fine at $2,500. Surcharges are added to any fine.
The hit and run statutes also include these rules:
- Consecutive sentences. A sentence under § 28-661 must run consecutively to any sentence for other charges related to the same crash. § 28-661(E).
- Drug and alcohol screening. If the court finds by a preponderance of the evidence that alcohol, drugs, or a toxic vapor-releasing substance contributed to the crash, it must order alcohol or other drug screening. § 28-661(I); § 28-663(D).
Consequences beyond the sentence
License revocation. For a crash involving serious physical injury, MVD must revoke your license for five years. For a crash involving death, the revocation is ten years. Time spent incarcerated does not count toward either period. § 28-661(F). For the class 5 felony involving other injuries, the revocation is three years. § 28-661(H). In a death case, you may apply for a restricted privilege to drive after five years, and MVD may grant it only if you have not been convicted of a driving offense committed during the revocation and have paid all court-ordered restitution. § 28-661(G). Separately, A.R.S. § 28-3304(A) lists failure to stop and render aid in a crash involving death or personal injury among the convictions that require revocation.
Damage-only cases. For a conviction under § 28-662, the court may order a one-year license suspension. § 28-662(D).
Restitution. The court can order you to pay restitution for losses caused by the offense, such as medical bills or vehicle repairs. An injured person may also pursue a civil claim, which is separate from the criminal case.
A criminal record. A felony or misdemeanor conviction can affect jobs, professional licenses, and housing. Our page on record sealing and set-asides explains options that may be available later.
Civil rights and firearms. A felony conviction suspends the right to vote, serve on a jury, hold public office, and possess a firearm. A.R.S. § 13-904(A). For a person with no earlier felony conviction, A.R.S. § 13-907 restores civil rights automatically after probation or an absolute discharge from prison, once victim restitution is paid. That automatic restoration does not cover firearm rights after a dangerous offense or certain serious offenses.
Immigration. If you are not a U.S. citizen, get immigration advice before you accept any plea.
How we defend these cases
We test the identification. A hit and run case can come down to who was driving. We look at how police connected you to the vehicle, what witnesses actually saw, and whether video or vehicle evidence supports the claim.
We look at what you did after the crash. The law allows you to stop as close to the scene as possible and return. If you pulled over down the road, came back, called police, or left your information, those facts matter. We gather phone records, video, and witness accounts that show what happened next.
We test the level of injury. The felony class depends on whether there was a death, a serious physical injury, or a lesser injury. We review medical records to see whether the injury fits the definition in § 13-105.
We examine who caused the crash. In a death or serious injury case, the difference between a class 3 and a class 2 felony turns on whether you caused the accident. Crash reconstruction, scene photos, and vehicle data can all bear on that question.
We work toward the right resolution. Depending on the evidence, a case may be dismissed, negotiated to a lesser charge, or tried.
Common questions
It depends on the crash. Failing to stop or meet your duties after a crash that caused injury or death is a felony, from class 6 up to class 2, depending on the injury and the duty involved. Leaving the scene of a crash that only damaged an attended vehicle, or hitting an unattended vehicle without leaving notice, is a class 1 misdemeanor.
The duty to stop, stay, and share information applies to any driver involved in the crash. Whether you caused the accident matters for classification in death or serious injury cases: it is a class 2 felony if you caused the accident and a class 3 felony if you did not. § 28-661(C).
Stop immediately. Then either find the owner or operator and give them the driver's and owner's names and addresses, or leave a written note with that information in a conspicuous place in the vehicle. § 28-664(A).
For a conviction under § 28-661, yes. The revocation is three years for other injuries, five years for serious physical injury, and ten years for death. When a crash only damaged an attended vehicle, the court may order a one-year suspension.
A class 1 misdemeanor carries up to six months in jail and a fine of up to $2,500, plus surcharges. Whether jail is likely often depends on the facts and your record.
Sometimes. A felony charge may be negotiated to a lesser offense depending on the evidence, the injuries, and your history.
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Talk to a Maricopa County hit and run lawyer
A hit and run charge can carry felony penalties and long license consequences, but the details matter. What you did after the crash, who was driving, and how serious the injuries were can change the case.
Video from nearby businesses and traffic cameras can be overwritten quickly. Call Nova Law Group at (480) 405-6767 or contact us online for a free, confidential consultation. You can also learn more about our traffic and MVD and felony defense work.
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This page describes Arizona law in general terms as of October 2026 and is not legal advice. Every case turns on its facts. Submitting a form or calling does not create an attorney-client relationship.