Massachusetts G.L. c. 90, § 24(2)(a): Failure to Stop After Causing Property Damage
If your charging documents reference failure to stop after a collision causing property damage, you are facing a charge sometimes called hit and run. Understanding what the prosecution must actually prove is the first step toward protecting yourself.
Understanding what constitutes a "dangerous weapon" under Massachusetts law is critical to understanding these charges and potential defenses.
Call (978) 969-2890 for a free consultation.
Understanding Your Charges and Your Options
Being accused of assaultBeing charged with failing to stop after a collision is stressful, especially since these situations often involve genuine confusion about whether a collision was noticed at all. We understand these situations are often far more complicated than they appear. For over 30 years, we have helped people facing motor vehicle charges understand their options and work toward the best possible outcome.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does This Provision Prohibit?
This charge is a motor vehicle offense found within the same paragraph of G.L. c. 90, § 24(2)(a) that also covers reckless and negligent operation and use of a motor vehicle without authority. It specifically prohibits leaving the scene of a collision with another vehicle or property without stopping and identifying yourself, when you knew you had caused the collision.
This provision applies only to collisions causing property damage. It does not apply if the collision caused personal injury, which is covered by a separate, far more serious provision of Massachusetts law with its own penalty structure.
Because this specific violation shares a penalty range with several other offenses in the same statutory paragraph, including reckless operation and racing, the maximum penalty is lower than many people assume for a charge sometimes described as hit and run.
A conviction can still result in a license revocation, and repeat or aggravating circumstances can affect how the case is handled.
What the Prosecution Must Prove
To convict you of this offense, the Commonwealth must prove each of the following beyond a reasonable doubt:
Operation on a Public Way : You operated a motor vehicle upon a way, or in a place, to which the public has a right of access.
A Collision Causing Property Damage : Your vehicle collided with, or otherwise caused injury to, another vehicle or property.
Knowledge of the Collision : You knew that the collision had occurred.
Departure Without Identifying Yourself : You went away without stopping and making known your name, residence, and the registration number of your vehicle to the other party or to police.
The Commonwealth must prove ALL of these elements, especially that you actually knew a collision occurred. Not noticing a minor collision, or reasonably believing no damage occurred, can be a defense.
Operation on a Public Way : You operated a motor vehicle upon a way, or in a place, to which the public has a right of access.
A Collision Causing Property Damage : Your vehicle collided with, or otherwise caused injury to, another vehicle or property.
Knowledge of the Collision : You knew that the collision had occurred.
Departure Without Identifying Yourself : You went away without stopping and making known your name, residence, and the registration number of your vehicle to the other party or to police.
The Commonwealth must prove ALL of these elements, especially that you actually knew a collision occurred. Not noticing a minor collision, or reasonably believing no damage occurred, can be a defense.
Penalty Under Massachusetts Law
This offense carries a single penalty tier, shared with several other violations described in the same statutory paragraph.
Penalty
● A fine of $20 to $200, OR
● Imprisonment for 2 weeks to 2 years, OR both
● A summons may be issued instead of an arrest warrant if the court believes you will appear voluntarily
● Both fine and imprisonment possible
● Imprisonment for 2 weeks to 2 years, OR both
● A summons may be issued instead of an arrest warrant if the court believes you will appear voluntarily
● Both fine and imprisonment possible
Collateral Consequences
● A criminal record
● Possible license revocation, reported to the registrar upon conviction
● Immigration consequences for non-citizens
● Insurance implications
● Potential civil liability to the other party for the property damage itself
● Difficulty obtaining housing
● Impact on employment for jobs requiring driving
● Possible license revocation, reported to the registrar upon conviction
● Immigration consequences for non-citizens
● Insurance implications
● Potential civil liability to the other party for the property damage itself
● Difficulty obtaining housing
● Impact on employment for jobs requiring driving
Related Criminal Charges
● G.L. c. 90, § 24(2)(a½)(1): Failure to Stop After Personal Injury : A far more serious charge if the collision caused injury to a person rather than only property damage
● G.L. c. 90, § 24(2)(a): Operating to Endanger : Often charged alongside this offense if the manner of driving before the collision is also at issue
● G.L. c. 90, § 24: Operating Under the Influence : Often charged alongside this offense if alcohol or drugs are suspected to have contributed to the collision
● G.L. c. 266, § 127: Malicious Destruction of Property : A separate, unrelated charge if the property damage is instead alleged to have been intentional
● G.L. c. 90, § 23: Operating After Suspension, a separate charge if your license was suspended at the time of the collision
Related Practice Area: Our Motor Vehicle Practice Area Overview
● G.L. c. 90, § 24(2)(a): Operating to Endanger : Often charged alongside this offense if the manner of driving before the collision is also at issue
● G.L. c. 90, § 24: Operating Under the Influence : Often charged alongside this offense if alcohol or drugs are suspected to have contributed to the collision
● G.L. c. 266, § 127: Malicious Destruction of Property : A separate, unrelated charge if the property damage is instead alleged to have been intentional
● G.L. c. 90, § 23: Operating After Suspension, a separate charge if your license was suspended at the time of the collision
Related Practice Area: Our Motor Vehicle Practice Area Overview
Defending Against Failure to Stop After Property Damage Charges
These charges often present genuine defense opportunities, since many people involved in minor collisions genuinely do not realize a collision occurred at all. Lack of knowledge that a collision happened is a complete defense.
A key defense involves challenging whether you actually provided, or attempted to provide, your identifying information at the scene, since disputes about what was said or exchanged are common. We also examine whether the alleged collision actually caused property damage that would trigger this statute at all.
Identification issues are also common in these cases, particularly when the allegation relies on a partial license plate number or a description of the vehicle rather than direct identification of the driver.
Given the relatively low maximum penalty for this specific provision, favorable resolutions are frequently available, particularly for a first offense.
A key defense involves challenging whether you actually provided, or attempted to provide, your identifying information at the scene, since disputes about what was said or exchanged are common. We also examine whether the alleged collision actually caused property damage that would trigger this statute at all.
Identification issues are also common in these cases, particularly when the allegation relies on a partial license plate number or a description of the vehicle rather than direct identification of the driver.
Given the relatively low maximum penalty for this specific provision, favorable resolutions are frequently available, particularly for a first offense.
What To Do Right Now
If you have been charged with this offense, taking the right steps now can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
We're Here To Help
This charge can affect your license and driving record, even though the maximum penalty for this specific provision is relatively modest. Experienced legal representation is essential.
For over 30 years, we have defended motor vehicle charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For over 30 years, we have defended motor vehicle charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
