Arizona Hit and Run Defense Lawyers
Charged with hit and run (A.R.S. § 28-661) after leaving the scene of a crash? When an accident involves death or serious physical injury, leaving is a Class 3 felony, or a Class 2 felony if you caused it, with mandatory license revocation. Whether you knew an accident or an injury happened, and whether the State can even prove you were the driver, are often the whole case. Do not give a statement to police, call us first.
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What Is Hit and Run in Arizona?
Quick answer: Hit and run, or leaving the scene of an accident, is governed by A.R.S. § 28-661 to 28-665. After any crash, a driver has a duty to stop, remain at the scene, give identifying and insurance information, and render reasonable aid. Leaving an accident involving death or serious physical injury is a Class 3 felony, or a Class 2 felony if you caused the accident; an accident involving injury is a Class 5 felony (§ 28-662); and an accident with property or vehicle damage only is a Class 2 misdemeanor (§ 28-663). A conviction triggers mandatory driver-license revocation and restitution, so whether you knew an accident occurred, and whether you were even the driver, are usually the heart of the defense.
Both Sides
Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending hit and run and other vehicular crime cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Hit and Run in Arizona?
- Is hit and run a felony in Arizona?
- What are the penalties for hit and run in Arizona?
- Will I lose my license for a hit and run?
- What are the defenses to hit and run?
- Can hit and run be charged with DUI or other crimes?
- Can a hit and run charge be reduced or dismissed?
- How Harm Sets the Hit-and-Run Charge
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with hit and run in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 28-661, the penalties, and the defenses that matter most.
Is hit and run a felony in Arizona?
It can be. Leaving the scene of an accident involving death or serious physical injury is a Class 3 felony under A.R.S. § 28-661, or a Class 2 felony if you caused it. An accident with injury is a Class 5 felony, while property or vehicle damage only is a Class 2 misdemeanor.
Awards & Recognition
Our recognition for Phoenix vehicular crime defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
Together, these place Tamou Law Group among the best Phoenix vehicular crime lawyers, led by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
What are the penalties for hit and run in Arizona?
Penalties rise with the harm. A property-damage hit-and-run is a misdemeanor with up to four months in jail. An injury case is a Class 5 felony, and a death or serious-injury case is a Class 3 felony (about 2 to 8.75 years) or a Class 2 felony (about 3 to 12.5 years) if you caused it, plus restitution.
Will I lose my license for a hit and run?
Yes, in most cases. A hit-and-run conviction triggers mandatory driver-license revocation, and felony injury or fatal cases carry longer revocation periods. There may also be a separate MVD action, so it is important to act quickly to protect your driving privileges.
What are the defenses to hit and run?
Strong defenses include showing you did not know an accident or injury occurred, that you were not the driver, that you actually stopped and exchanged information, or that no serious injury happened, which can reduce a felony to a misdemeanor.
Can hit and run be charged with DUI or other crimes?
Yes. Leaving the scene is frequently charged alongside DUI, reckless driving, endangerment, and, when someone dies, vehicular homicide. Prosecutors often treat fleeing as evidence that the driver was impaired or at fault.
Can a hit and run charge be reduced or dismissed?
Often, yes. Hit-and-run cases are regularly reduced from a felony to a misdemeanor or dismissed, especially when the State cannot prove you knew about the accident, that you were the driver, or the alleged level of injury, and early restitution can help.
How Harm Sets the Hit-and-Run Charge
The same act of leaving can be a misdemeanor or a serious felony, depending on whether the crash caused damage, injury, or death, and whether you caused it.
| Accident Involved | Statute | Class | First-Offense Exposure* |
|---|---|---|---|
| Vehicle / property damage only | 28-663 | Class 2 Misdemeanor | Up to 4 months jail |
| Physical injury | 28-662 | Class 5 Felony | 6 months – 2.5 years |
| Death or serious physical injury | 28-661 | Class 3 Felony | 2 – 8.75 years |
| Death/serious injury & you caused it | 28-661 | Class 2 Felony | 3 – 12.5 years |
*Ranges are general first-offense felony ranges; priors, aggravators, and the § 28-665 enhancement can raise them. All felony and many misdemeanor cases bring license revocation and restitution.
What the State Must Prove for Hit and Run (Leaving the Scene)
To convict you of Hit and Run (Leaving the Scene) under A.R.S. § 28-661, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1You were the driver. You were driving or in control of a vehicle involved in the accident, identity is often disputed in hit-and-run cases.
- 2An accident occurred. Your vehicle was involved in a collision causing the relevant harm, property damage, injury, or death.
- 3Knowledge. You knew or reasonably should have known the accident, and for the felonies an injury, had occurred.
- 4Failure of the duty. You failed to stop, remain, provide your information, or render reasonable aid as the statute requires.
Examples of Conduct Charged as Hit and Run (Leaving the Scene)
- Leaving a freeway or intersection collision that injured someone
- Striking a pedestrian or bicyclist and driving away
- A fatal crash where the driver fled the scene
- Hitting a parked car and leaving without providing information
- Driving off after a minor crash, then being located later (knowledge disputes)
What Sentence Could You Actually Face?
A property-damage hit-and-run is a misdemeanor, but an injury case is a Class 5 felony and a death or serious-injury case is a Class 3, or Class 2 if you caused it. Every felony, and many misdemeanors, also bring license revocation and restitution.
Class 2 Misd.
Property / Vehicle Damage
Class 5 Felony
Accident With Injury
Class 3 / 2 Felony
Death or Serious Injury
⚠ Leaving Is What Creates the Felony
In a hit-and-run case, the crime is leaving, not the accident itself. A driver who stays, even one at fault, faces a very different situation from one who flees. That is why knowledge and identity, whether you knew an accident or injury happened and whether the State can prove you were the driver, are usually the heart of the defense.
How We Fight Arizona Hit and Run (Leaving the Scene) Cases
Every case has weak points. These are the defenses we look at first.
Attacking Knowledge & the Duty
No Knowledge of the Accident. The State must prove you knew, or reasonably should have known, a collision, and for the felonies an injury, occurred. Minor impacts, darkness, and weather support a no-knowledge defense.
You Were Not the Driver. Identity is frequently disputed in hit-and-run cases. If the State cannot prove you were the driver, the charge fails.
You Fulfilled the Duty. If you stopped, exchanged information, or waited a reasonable time and rendered aid, you met the statutory duty.
No Qualifying Injury or Death. Disputing the level of harm can drop a felony to a misdemeanor, for example showing no serious physical injury occurred.
Attacking the Case & Cutting Exposure
You Did Not Cause the Accident. For the Class 2 felony, the State must prove you caused the crash. Defeating causation reduces the charge to a Class 3.
Safety or Necessity. Leaving briefly for genuine safety reasons, then returning or promptly reporting, can negate the intent to evade the duty.
Suppression & Statements. We challenge unlawful stops, searches, and improperly obtained statements that the State uses to prove identity and knowledge.
Restitution, Reduction & Dismissal. With early restitution and mitigation we pursue reduction to a misdemeanor, a favorable plea, or dismissal of the felony counts.
The Experts We Bring to the Table
The State builds DUI cases with breath machines, crime labs, and police testimony. We answer with the same caliber of specialists, so the government’s science gets challenged by people who do this for a living.
Forensic Toxicologists
BAC & Impairment
Independently review blood and breath results, rising-BAC science, and whether the alleged level actually proves impairment at the time of driving.
Breath-Test Analysts
Intoxilyzer & Calibration
Examine the breath machine’s calibration, maintenance logs, and operating conditions, exposing radio interference, mouth alcohol, and operator error that inflate readings.
Blood & Lab Experts
Gas Chromatography
Audit the blood draw, storage, fermentation risk, and lab protocol, where a single broken link in the chain can make the result inadmissible.
Field Sobriety Experts
NHTSA Protocol
Evaluate whether the standardized field sobriety tests were administered and scored correctly, and whether medical conditions or footing explain the ‘clues.’
MVD & Records Specialists
License & Notice
Reconstruct the MVD record to test whether your license was truly suspended and whether you were ever properly notified, the heart of a suspended-license aggravated DUI.
DRE & Drug Recognition
Drug-DUI Challenges
Challenge drug-recognition-expert conclusions and whether any drug, including prescription medication, actually impaired your ability to drive.
Recent Hit and Run (Leaving the Scene) Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles hit and run cases across Arizona.
Felony Hit and Run, No Knowledge
Charges Dismissed
We showed our client did not know a collision had occurred in a low-impact, nighttime crash, and the felony hit-and-run was dismissed.
Injury Hit and Run Reduced
Reduced to Misdemeanor
By disputing the level of injury, we reduced a Class 5 felony leaving-the-scene case to a misdemeanor.
Disputed Driver Identity
Charges Dismissed
The State could not prove our client was the driver, and the hit-and-run charge was dismissed.
Serious-Injury Hit and Run
Probation, No Prison
With early restitution and strong mitigation, we resolved a serious-injury hit-and-run to probation with no prison time.
Property-Damage Leaving the Scene
Dismissed
A property-damage hit-and-run was dismissed after we challenged knowledge and identity.
Causation Defeated
Class 2 Reduced to Class 3
We defeated the allegation that our client caused the crash, dropping a Class 2 felony to a Class 3.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best hit and run lawyer in Arizona, a leaving-the-scene defense attorney, or help with an A.R.S. 28-661 felony or misdemeanor hit-and-run charge. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend hit and run and other vehicular crime cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona vehicular crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Hit and Run (Leaving the Scene) FAQs
Quick answers to the questions we hear most about hit and run charges, penalties, and defenses in Arizona.
Is hit and run a felony in Arizona?
It can be. Leaving the scene of an accident involving death or serious physical injury is a Class 3 felony under A.R.S. 28-661, or a Class 2 felony if you caused the accident. An accident with injury is a Class 5 felony, while property or vehicle damage only is a Class 2 misdemeanor.
What are the penalties for hit and run in Arizona?
Penalties depend on the harm. A property-damage hit-and-run is a misdemeanor with up to four months in jail, an injury case is a Class 5 felony, and a death or serious-injury case is a Class 3 felony (2 to 8.75 years) or a Class 2 felony (3 to 12.5 years) if you caused it, plus restitution and license revocation.
Will I lose my license for a hit and run?
Yes, in most cases. A hit-and-run conviction triggers mandatory driver-license revocation, and felony cases involving injury or death carry longer revocation periods. There may also be a separate MVD action, so it is important to act quickly to protect your driving privileges.
What are the defenses to hit and run?
Strong defenses include showing you did not know an accident or injury occurred, that you were not the driver, that you actually fulfilled the duty to stop and exchange information, or that no serious injury happened, which can reduce a felony to a misdemeanor.
Can hit and run be charged with DUI or other crimes?
Yes. Leaving the scene is frequently charged alongside DUI, reckless driving, endangerment, and, when someone dies, vehicular homicide. Prosecutors often treat fleeing as evidence the driver was impaired or at fault.
Can a hit and run charge be reduced or dismissed?
Often, yes. Hit-and-run cases are regularly reduced from a felony to a misdemeanor or dismissed, especially when the State cannot prove you knew about the accident, that you were the driver, or the alleged level of injury, and early restitution can help.
Do I have to know I hit someone to be guilty?
Generally, yes. The State must prove you knew, or reasonably should have known, that an accident, and for the felony charges an injury, occurred. Minor impacts, darkness, loud music, or poor weather can support a genuine lack-of-knowledge defense.
What if I left the scene but came back?
Returning to the scene, promptly reporting the crash, or leaving only briefly for safety can undercut the State’s claim that you intended to evade your duty. The timing and circumstances of your return matter a great deal.
What is the difference between 28-661, 28-662, and 28-663?
A.R.S. 28-661 covers leaving an accident with death or serious physical injury (Class 3 or Class 2 felony), 28-662 covers an accident with injury (Class 5 felony), and 28-663 covers an accident with property or vehicle damage only (Class 2 misdemeanor). A.R.S. 28-665 adds enhanced penalties for the most serious cases.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Hit and run (A.R.S. § 28-661) is leaving a crash without meeting the duty to stop, remain, give information, and render aid.
- Leaving an accident with death or serious physical injury is a Class 3 felony, or a Class 2 felony if you caused it.
- An accident involving injury is a Class 5 felony (§ 28-662); property or vehicle damage only is a Class 2 misdemeanor (§ 28-663).
- A hit-and-run conviction triggers mandatory driver-license revocation and restitution.
- Knowledge matters, the State must show you knew, or should have known, that an accident, and an injury, occurred.
- A.R.S. § 28-665 adds enhanced penalties for the most serious leaving-the-scene offenses.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.