Understanding the Statute of Limitations for Hit and Run in San Diego

Posted on: September 3rd, 2025 by Dod Law

Hit and Run in San Diego

Hit and run charges in San Diego carry serious legal consequences, but like all criminal offenses, they are subject to statute of limitations requirements that limit how long prosecutors have to file charges. Understanding these time limits is crucial for both defendants and victims, as they determine whether charges can still be filed and what legal options remain available. The complexity of hit and run statutes of limitations varies depending on the severity of the incident and the specific circumstances involved.

At Dod Law, we have over two decades of experience defending clients against hit and run charges throughout San Diego County. Our team understands how statute of limitations defenses can impact hit and run cases and works diligently to protect our clients’ rights when prosecutors attempt to file charges outside the legally permitted timeframes.

California’s Hit and Run Statute of Limitations

California law establishes different statute of limitations periods for hit and run offenses based on whether the incident resulted in property damage only or involved injuries or death. Misdemeanor hit and run charges involving only property damage must be filed within one year of the incident. This relatively short timeframe reflects the less serious nature of property-only accidents and encourages prompt resolution of these cases.

Felony hit and run charges involving injuries or death carry a three-year statute of limitations. This extended period recognizes the more serious nature of these offenses and allows additional time for thorough investigation of complex cases involving medical evidence and expert testimony.

The statute of limitations begins running from the date of the alleged hit and run incident, not from when the offense was discovered or reported to police. This distinction is important because some hit and run cases aren’t reported immediately, but the time limit for prosecution still begins when the incident occurred.

When the Clock Starts Ticking

The statute of limitations for hit and run charges in San Diego begins on the date of the alleged incident, regardless of when law enforcement becomes aware of the offense. This means that even if a hit and run isn’t reported for several months, prosecutors still must file charges within the original time limits measured from when the incident actually occurred.

However, certain circumstances can pause or “toll” the statute of limitations. If the defendant leaves California after the incident, the time they spend outside the state may not count toward the statute of limitations period. This prevents defendants from avoiding prosecution simply by leaving the jurisdiction.

The discovery of new evidence doesn’t restart the statute of limitations clock for hit and run cases. Even if surveillance footage or witness testimony emerges months after an incident, prosecutors must still file charges within the original time limits unless specific tolling provisions apply.

Property Damage vs. Injury Cases: Different Rules Apply

The distinction between property damage and injury hit and run cases significantly impacts statute of limitations calculations in San Diego. Property damage cases are typically misdemeanors with one-year filing deadlines, while injury cases are felonies with three-year deadlines. However, determining which category applies can be complex when injuries aren’t immediately apparent.

Some accidents initially appear to involve only property damage, but victims later discover injuries that weren’t immediately obvious. In these cases, prosecutors may argue that the three-year felony statute of limitations applies from the date of the original incident, not from when injuries were discovered.

The severity of property damage can also affect which statute of limitations applies. While most property damage hit and run cases are misdemeanors, extensive damage may result in additional charges with different time limitations that could extend the prosecution’s filing deadline.

Defending Against Late-Filed Charges

When prosecutors attempt to file hit and run charges after the statute of limitations has expired, defendants can raise this as a complete defense to the charges. Unlike many other defenses that require factual disputes to be resolved at trial, statute of limitations defenses can often be resolved through pretrial motions that result in dismissal of charges.

Successfully raising statute of limitations defenses requires careful documentation of when the alleged incident occurred and when charges were filed. Court records, police reports, and other official documents can establish the relevant dates for statute of limitations calculations.

Prosecutors may argue that tolling provisions or exceptions apply to extend their filing deadlines, making it essential to have experienced legal representation that understands the complexities of statute of limitations law.

Protecting Your Rights with Dod Law | Hit and Run in San Diego

Understanding statute of limitations defenses for hit and run charges in San Diego requires detailed knowledge of California criminal law and the specific circumstances of your case. At Dod Law, we thoroughly analyze the timeline of events in hit and run cases to identify potential statute of limitations defenses that could result in dismissal of charges. Our experience with San Diego courts and hit and run defense enables us to effectively challenge prosecutions that exceed legal filing deadlines.

Named San Diego County’s 2023 Trial Lawyer of the Year by the San Diego Criminal Defense Bar Association, Dod Ghassemkhani has successfully defended clients against hit and run charges throughout San Diego County, including cases where statute of limitations defenses resulted in complete dismissal of charges. When facing hit-and-run allegations, time is critical both for building your defense and for identifying potential statute of limitations issues that could protect your rights. 

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form