Skip to main content
US Criminal Defense.org
Menu

Virginia criminal charge

Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property in Virginia

Current through 2026 Virginia legislative session

Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property is a criminal offense under Virginia law, defined by Va. Code Ann. § 46.2-894. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Va. Code Ann. § 46.2-894.

What is the penalty for duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property in Virginia?

Penalties for Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property
PenaltyRangeBasisAuthority
Jail / prison1 years to 10 years (Accident resulting in injury/death or property damage over $1000 — Applies when the accident results in injury to or death of any person, or property damage exceeding $1000.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Accident resulting in injury/death or property damage over $1000 — Applies when the accident results in injury to or death of any person, or property damage exceeding $1000.; with the jail-confinement alternative under § 18.2-10(e))discretionaryVa. Code Ann. § 18.2-10
Jail / prisonup to 12 months (Accident resulting in property damage of $1000 or less — Applies when the accident results in property damage of $1000 or less, with no personal injury or death.)discretionaryVa. Code Ann. § 18.2-11
Fineup to $2,500 (Accident resulting in property damage of $1000 or less — Applies when the accident results in property damage of $1000 or less, with no personal injury or death.; either or both with confinement (§ 18.2-11(a)))discretionaryVa. Code Ann. § 18.2-11

Applies to current.

How is duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property classified in Virginia?

The classification depends on the circumstances:

Classification variants for Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property
VariantClassificationWhen it appliesStatute
Accident resulting in injury/death or property damage over $1000Class 5 FelonyApplies when the accident results in injury to or death of any person, or property damage exceeding $1000.Va. Code Ann. § 46.2-894undefined
Accident resulting in property damage of $1000 or lessClass 1 MisdemeanorApplies when the accident results in property damage of $1000 or less, with no personal injury or death.Va. Code Ann. § 46.2-894undefined

Common questions about duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property in Virginia

Is duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property a felony or a misdemeanor in Virginia?

It depends on the circumstances: duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 46.2-894.

Accident resulting in injury/death or property damage over $1000: class 5 felony (Va. Code Ann. § 46.2-894) · Accident resulting in property damage of $1000 or less: class 1 misdemeanor (Va. Code Ann. § 46.2-894)

What are the penalties for duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property in Virginia?

Penalties for duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 5 felony — with the ranges set by Va. Code Ann. § 18.2-10 and Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.

Which Virginia statute covers duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property?

Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property is governed by Va. Code Ann. § 46.2-894 (Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.