Houston Hit and Run Lawyer — FSRA & FSGI Defense in Harris County
Houston hit and run lawyer Jose Ceja is a Board-Certified Criminal Defense Attorney and former prosecutor representing people charged with hit and run offenses in Houston and throughout Harris County. Hablamos español.
In Texas, there is no charge officially called “hit and run.” Instead, depending on what happened at the scene, prosecutors file one of two distinct offenses: Failure to Stop and Render Aid (FSRA) when someone was injured or killed, or Failure to Stop and Give Information (FSGI) when the accident resulted only in property damage. Both carry criminal penalties. Both can follow you permanently. And both require a defense attorney who understands how these cases are investigated and prosecuted in Harris County.
Quick Summary: Hit and Run Charges in Texas
- Texas does not have a charge officially called “hit and run”
- Charges are either Failure to Stop and Give Information (FSGI) for property damage or Failure to Stop and Render Aid (FSRA) for injury or death
- Leaving the scene of an accident creates a separate criminal offense, even if you did not cause the crash
- FSRA is always a felony and can carry prison time
- You can be charged even without a direct collision if your driving caused the accident
- Defenses often focus on whether you knew an accident occurred and who was actually driving
What a Houston Hit and Run Lawyer Needs to Know About Texas Law
Under the Texas Transportation Code, every driver involved in an accident — including a hit and run accident — has legal duties that attach immediately, regardless of who caused the crash. Leaving the scene of an accident in Texas without fulfilling these duties is what creates criminal exposure.
In every accident, the driver must:
- Immediately stop at the scene or as close to the scene as possible
- Return to the scene if the vehicle was not stopped there
- Provide their name, address, vehicle registration number, and insurance carrier to the other driver, any injured person, or any person attending a damaged vehicle
- Exhibit a driver’s license upon request
When an accident results in injury or death, an additional duty applies: the driver must determine whether anyone requires aid and, if so, provide reasonable assistance, which may include transporting the injured to a hospital or making arrangements for transportation.
One important nuance: a driver can be “involved in an accident” under Texas law even without a direct collision. If your driving caused another vehicle to take evasive action that led to a crash, you may still be considered involved and subject to these duties.
Failure to Stop and Give Information (FSGI) — Accident Involving Property Damage
Failure to stop and give information under Texas Transportation Code § 550.022 is the most commonly charged hit and run offense in the Greater Houston area. It applies when the accident resulted only in property damage with no injury or death.
Penalties for Failure to Stop and Give Information
| Damage under $200 | Class C Misdemeanor | Punishable by a fine only |
|---|---|---|
| Damage $200 or more | Class B Misdemeanor | Punishable by up to 180 days in county jail and a fine up to $2,000 |
The same penalty structure applies whether the other vehicle was occupied or unattended. If you strike an unattended vehicle, Texas law requires you to locate the owner to exchange information, or leave your information in a conspicuous place. The same applies if you strike a fixture, structure, or highway landscaping — you must take reasonable steps to notify the property owner.
The value of the damage is often disputed in failure to stop and give information cases, and that dispute matters. The difference between under $200 and $200 or more is the difference between a Class C and a Class B misdemeanor. Challenging the damage valuation is a legitimate and sometimes effective defense strategy.
One additional rule applies on metropolitan freeways: if the vehicles can still be driven after a minor collision, Texas law requires drivers to move to a designated accident investigation site or a nearby location that does not obstruct traffic. Moving your vehicle in compliance with this requirement is not the same as leaving the scene of an accident.
Failure to Stop and Render Aid (FSRA) — Accident Involving Injury or Death
Failure to stop and render aid under Texas Transportation Code § 550.021 is the most serious hit and run charge in Texas. It applies when the accident resulted in — or was reasonably likely to result in — injury or death.
What the State Must Prove
The prosecution must prove that the defendant had knowledge that an accident occurred. Importantly, the law does not require that the driver knew the precise nature or extent of the injuries. If an objective examination of the circumstances shows it would have been apparent to a reasonable person that someone was injured and in need of assistance, courts have found that standard is met. Immediate flight from the scene of a hit and run accident does not provide a defense if a reasonable person in the same situation would have known an accident occurred.
Penalties for Failure to Stop and Render Aid
| Death of a person | Second-degree felony | Punishable by 2 to 20 years in prison and a fine up to $10,000 | If a judge grants probation after a conviction involving death, a mandatory 120-day jail term is required as a condition of that probation |
|---|---|---|---|
| Serious bodily injury | Third-degree felony | Punishable by 2 to 10 years in prison and a fine up to $10,000 | Serious bodily injury means injury that creates a substantial risk of death, permanent disfigurement, or protracted loss or impairment of a body part or organ |
| Non-serious injury | A hybrid offense | Punishable by up to 5 years in prison or up to 1 year in county jail, and a fine up to $5,000 | This is still classified as a felony |
FSRA convictions are subject to enhancement based on prior convictions and can be used to enhance other convictions. When probation is granted, courts may also order restitution for the victim’s medical expenses.
Note: A driver can be charged separately for each injured person at the scene if there are multiple victims. Multiple failure to stop and render aid charges from a single accident do not violate double jeopardy.
Common Reasons People Face Hit and Run Charges in Houston
Most people charged with failure to stop and render aid or failure to stop and give information are not career criminals. These situations arise from a moment of panic, confusion, or poor judgment. Common scenarios include:
- Leaving a minor fender-bender without realizing it constitutes a criminal offense
- Driving without insurance and panicking after an accident
- Driving on a suspended license and fearing immediate arrest
- Not realizing another vehicle or person was involved
- Being intoxicated and making a split-second decision to leave
- Striking a parked or unattended car and not knowing how to locate the owner
Whatever the reason, leaving the scene of an accident in Texas creates a separate criminal problem on top of whatever underlying issue existed. The best advice after any accident is to stop, call 911, and contact an attorney before speaking to investigators.
Defenses to Hit and Run Charges
At Ceja Law Firm, we begin every failure to stop and render aid and failure to stop and give information case the same way: obtain the full file before making any decisions. That means the police report, accident report, 911 call, witness statements, and all available video footage. What the evidence actually shows often differs from what police assumed.
The prosecution must prove the defendant knew an accident occurred. If the circumstances genuinely did not put a reasonable person on notice — for example, a large truck driver who did not perceive a minor contact — this is a viable defense. The state cannot simply assume knowledge; it must prove it.
Many hit and run investigations identify a vehicle, not the driver. When a vehicle is shared among family members, coworkers, or roommates, the state must still prove who was operating it at the time of the accident. Misidentification is a legitimate and common defense.
If someone else at the scene provided aid to the injured person before the defendant could, or if the defendant was prevented from rendering aid by circumstances beyond their control, this may constitute a complete defense to the failure to render aid element.
In failure to stop and give information cases on freeways, a driver who moved the vehicle in accordance with the move-over statute may have a defense to a charge that they fled the scene.
In FSGI cases, challenging the damage assessment can affect the level of the charge and the available punishment range.
Quick Reference: Hit and Run Charges in Texas
Failure to Stop and Render Aid (FSRA) applies when the accident involved injury or death and is always a felony. Failure to Stop and Give Information (FSGI) applies when the accident involved only property damage and is a misdemeanor. Texas has no offense officially named “hit and run” — prosecutors charge one of these two offenses depending on what happened.
It depends on the offense. FSRA is always a felony, ranging from a hybrid felony (non-serious injury) to a second-degree felony (death). FSGI is a Class C or Class B misdemeanor depending on the amount of property damage.
Yes. Texas law requires any driver involved in an accident to stop and provide information regardless of fault. Even if the other driver caused the crash, leaving without stopping is a criminal offense.
Knowledge is an element of both offenses. However, courts apply an objective standard — if a reasonable person in the same circumstances would have known an accident occurred, that is typically enough. The defense applies only where the facts genuinely support it.
If the case is dismissed or you are acquitted at trial, expunction is available. Deferred adjudication may qualify for nondisclosure. A conviction cannot be expunged.
Do not speak to investigators without first consulting an attorney. In many hit and run investigations, the police need the driver to self-identify as the operator of the vehicle. A voluntary admission accelerates the case against you.
Hit and Run in Houston: By the Numbers
Houston has one of the highest traffic accident rates of any city in the United States. The scale of the problem gives context to how frequently failure to stop and render aid and failure to stop and give information charges arise and why local prosecutors pursue them aggressively.
Harris County recorded 579 traffic deaths in 2024, the highest of any county in Texas, per TxDOT — accounting for nearly 15% of all statewide fatalities.
TxDOT reported 67,644 motor vehicle crashes in Houston in 2023 — more than twice as many as Dallas, the next highest city.
What to Do If You Are Under Investigation for a Hit and Run
If police contact you — by phone, letter, or in person — about a hit and run accident, your response in the first hours can determine whether you are charged and what you are charged with. In many hit and run investigations, police need the driver to identify themselves as the person operating the vehicle. A voluntary admission accelerates the case against you.
Under the United States and Texas Constitutions, you have an absolute right against self-incrimination. You do not have to answer questions from police investigators. Do not speak to investigators without first consulting an attorney. This applies equally whether the contact is a formal letter requesting a station interview or an officer who shows up at your door.
Immigration Consequences
If you are not a U.S. citizen, a felony FSRA conviction — particularly one involving death or serious bodily injury — can have serious immigration consequences, including deportation, denial of re-entry, or ineligibility for naturalization. Deferred adjudication, which does not result in a formal conviction under Texas law, is still treated as a conviction for immigration purposes.
Ceja Law Firm does not provide immigration legal services, but we factor immigration consequences into our defense strategy from the beginning.
How We Handle Hit and Run Cases
1. Evidence Review
We obtain the police report, accident investigation report, 911 recordings, and all surveillance or dashcam footage before evaluating the case.
2. Challenge the State’s Case
We identify weaknesses in the identification evidence, the knowledge element, and the damage or injury classifications that drive the charge level.
3. Defense and Resolution
We pursue dismissal, charge reduction, or diversion where possible. For felony failure to stop and render aid cases, we evaluate grand jury strategy. If the case goes to trial, we are ready.
Frequently Asked Questions About Hit and Run Charges in Texas
It depends on which offense is charged. Failure to stop and render aid is always a felony when the accident involved injury or death, ranging from a hybrid felony (non-serious injury) to a second-degree felony (death). Failure to stop and give information, which covers property-damage-only accidents, is a misdemeanor — Class C or Class B depending on the damage amount.
Yes. Texas law requires any driver involved in an accident to stop and exchange information, regardless of who was at fault. Even if the other driver caused the crash, leaving the scene of the accident without stopping is a criminal offense under Texas Transportation Code § 550.022.
Knowledge is an element of both failure to stop offenses. The state must prove you were aware an accident occurred. However, courts apply an objective standard — if the circumstances were such that a reasonable person would have known an accident occurred, that is typically enough. Claiming you did not know is a viable defense only where the facts genuinely support it.
If your case is dismissed or you are acquitted at trial, you may be eligible for expunction — complete destruction of the arrest record. Deferred adjudication may qualify for nondisclosure. A conviction cannot be expunged.
The decision to prosecute belongs to the district attorney, not the victim. In failure to stop and render aid cases especially, Harris County prosecutors regularly proceed even when the injured party declines to cooperate. That said, a victim’s position can influence plea negotiations.
Your case will not be resolved at the first court appearance. The judge will review bond conditions and reset the case to allow both sides to gather and review evidence. For felony FSRA cases, the case must also go through the grand jury process before an indictment is filed. Having an attorney present from the first appearance is important.
Probation is possible in FSRA cases, particularly for first offenders with no prior felony convictions and where no death resulted. However, if a judge grants probation after a conviction involving death, Texas law requires a mandatory 120-day jail term as a condition of that probation. A skilled attorney can significantly affect whether probation is available and on what terms.
Yes. If the accident occurred while you were intoxicated, you can be charged with both FSRA or FSGI and a separate DWI offense. The charges are separate and proceed independently. Harris County prosecutors commonly bring both when the evidence supports it. See also: Hit and Run DWI. In some cases charges may also include evading arrest if the driver fled from law enforcement after the accident.
