If you’re researching Failure to Stop and Give Information (FSGI) in Texas—often called a “hit-and-run” when only property is damaged—you’re already doing something smart: getting informed early. This charge may look simple on paper, but it can carry real criminal consequences, steep financial fallout, and long-term effects on your record and insurance. The good news is that there are strategies to fight, reduce, or even dismiss many FSGI cases, especially when you act quickly and work with a lawyer who knows the local courts.
This guide breaks down the law, potential penalties, practical defenses, and realistic paths to a favorable outcome. It also explains how prosecutors think about restitution (paying for the damages) and why not having insurance can make negotiations more complicated—but still manageable with a plan. Finally, if you’re looking for a Houston hit-and-run lawyer, you’ll learn why Attorney Eric Benavides is a trusted name for these cases in Harris County and surrounding counties.
Key Takeaways
If you’re searching for a Failure to Stop and Give Information lawyer in Houston, an FSGI attorney in Harris County, or a Houston hit-and-run defense lawyer, here are the essentials:
- FSGI (property damage only) is a misdemeanor—often Class C (fine-only) or Class B (up to 180 days jail, up to $2,000 fine).
- Restitution is often the centerpiece: paying verified damage can lead to diversion or deferred adjudication, with a potential dismissal upon successful completion.
- Strong defenses include driver identity, knowledge of collision, no actual damage, necessity, and bad video/witness ID.
- No insurance? It’s harder, but not fatal—expect an out-of-pocket plan and structured negotiations.
- Attorney Eric Benavides is an experienced Houston criminal defense lawyer who handles FSGI and hit-and-run cases, with a practical, restitution-forward approach.
What Is FSGI (“Hit and Run”) Under Texas Law?
In Texas, the Transportation Code requires a driver involved in a crash that damages another vehicle (or certain property) to stop, stay, and share information. That typically includes:
- Your name and address
- The vehicle’s registration number
- The name of your liability insurer
- Showing your driver’s license upon request
- Providing reasonable assistance when needed
When the crash involves property damage only (no bodily injury), the charge is commonly called Failure to Stop and Give Information. This is separate from Failure to Stop and Render Aid (FSRA), which applies when someone is injured or killed and carries much heavier penalties. Many people use “hit and run” to describe both; legally, they are not the same thing. This article focuses on FSGI (property damage cases).
Legal Elements the State Must Prove
To convict someone of FSGI, prosecutors generally must prove that:
- The person was driving (and was the driver involved in the crash).
- There was a collision that caused damage to another vehicle/property.
- The driver knew of the collision (or reasonably should have known).
- The driver failed to stop and give information as required by law.
If any of those elements are weak—especially identity of the driver or knowledge of the collision—the defense has leverage.
Penalties and Ranges of Punishment (Property Damage Cases)
In most Texas counties, an FSGI charge can be filed as:
- Class C Misdemeanor (minor property damage):
Punishable by a fine up to $500 (no jail). This level is still a criminal offense, not just a traffic ticket, and a conviction can show up on your record. - Class B Misdemeanor (higher property damage):
Punishable by up to 180 days in county jail and a fine up to $2,000. Courts can also impose probation (community supervision), classes, and community service.
Which level you face typically depends on the amount of damage alleged. (Prosecutors vary in how they estimate damage; police reports, photos, and body shop estimates can meaningfully change the number.)
Collateral Consequences You Should Expect
- Driver’s license headaches: While FSGI doesn’t always trigger an automatic suspension, convictions can contribute to DPS points/issues, and insurance may require an SR-22.
- Insurance fallout: Expect premium increases. If you didn’t have insurance at the time of the crash, prosecutors may push harder for restitution and stricter terms.
- Employment/licensing: A misdemeanor on your record can create background-check problems, especially for jobs requiring driving or licensing.
- Civil exposure: The victim (or their insurer) can still pursue you in civil court for damages.
Why Restitution Is a Big Deal in FSGI
District Attorneys in Texas often prioritize restitution in property-damage hit-and-run cases. Restitution is simply paying the victim back for verified, reasonable losses (repairs, deductibles, sometimes rental costs tied to the accident). In negotiation terms, restitution can be the difference between a harsh plea and a favorable resolution—and sometimes the key to diversion or even a dismissal pathway.
No Insurance? You May Have to Pay Out-of-Pocket
If you didn’t have valid insurance at the time, be prepared to contribute personally. That’s not the end of the world. A skilled lawyer can:
- Verify the true value of the damage (body shops can inflate estimates).
- Negotiate payment plans, staged restitution, or a reduced figure if there’s a legitimate dispute.
- Seek diversion or deferred adjudication tied to restitution, turning a bad situation into a manageable plan that avoids a conviction.
Common Defenses in FSGI (“Hit and Run”) Cases
Every case is different, but these are strategic angles that regularly matter:
Identity of the Driver
The State must prove you were actually driving. If the car was borrowed, shared, or parked after the event, or if there’s no clear face ID, the case can weaken.
Knowledge of Collision
The law usually requires knowledge of an accident. In low-impact or crowded settings, a driver genuinely might not realize a scrape occurred. Expert testimony and vehicle damage analysis can support this.
Minimal or No Damage
If there’s no damage, or the alleged damage was preexisting, the charge can falter or be re-leveled. Independent photos and repair histories can help.
Reasonable Attempt to Comply
If you stopped nearby, left a note with valid information, called law enforcement, or returned shortly after, that can mitigate intent and sometimes satisfy the statute depending on circumstances.
Emergency / Necessity
If you left the scene to handle an emergency (medical event, safety concerns), the legal value of necessity or a reasonable person’s response can become a defense or strong mitigation.
Bad ID Evidence (Cameras/Witnesses)
Poor-quality video, angled footage, or inconsistent witness accounts can be attacked. Small plate misreads are common; so are mistaken vehicle color/model IDs at night.
Police Procedure & Statements
If statements were taken without proper warnings or misleading questioning occurred, suppression issues can reshape the case.
Practical Ways to Get an FSGI Case Dismissed (Even If You Think You’re Guilty)
No attorney can promise a result, but in Houston-area courts, there are realistic paths to dismissals or reductions—even when the facts look bad—if you do the right things quickly:
1. Restitution-First Strategy
Proactively arranging verified payment for actual damage often puts you in the best light. Many prosecutors will consider dismissal through diversion or deferred adjudication if the victim is made whole and other conditions are met.
2. Pretrial Diversion (PTD)
Some Texas counties offer diversion programs for appropriate FSGI cases (especially first-time offenders). You complete tasks (restitution, classes, community service, positive check-ins). If you successfully finish, the case is dismissed.
3. Deferred Adjudication / Deferred Disposition
- For misdemeanor cases, judges and prosecutors may agree to deferred adjudication (you plead, the court defers a finding of guilt, you complete conditions; case is dismissed on completion).
- In lower-level municipal/JP scenarios, deferred disposition can be similar: conditions + time = potential dismissal.
4. Charge Reduction
If the estimated damage is inflated, your lawyer can challenge the claimed amount and push for a lower grade or a non-traffic resolution (e.g., obstruction of highway, disorderly conduct) depending on facts and policy. Sometimes a reduction sets up a path to dismissal down the road.
5. Evidence-Driven Leverage
When the State’s proof is thin on driver identity or knowledge, your lawyer can file targeted motions, negotiate assertively, and steer the case toward dismissal or a very favorable plea.
6. Mitigation Packets
A polished mitigation packet (proof of employment/school, community letters, clean record, insurance reinstatement, completed driving safety course, counseling if appropriate) can persuade the prosecutor that you’re not a risk and deserve a second chance.
7. Expunction/Sealing (After the Win)
If your case is dismissed (or you successfully complete certain outcomes), you may later qualify to expunge or non-disclose the case, which helps clean background checks. Your lawyer can roadmap that from day one.
How Prosecutors Evaluate These Cases
Assistant District Attorneys (ADAs) in Harris County and nearby jurisdictions typically look at:
- Damage amount and documentation
- Victim impact (including out-of-pocket expenses and insurance deductibles)
- Driver behavior after the crash (did you come back? report? cooperate?)
- Prior history (criminal and traffic)
- Insurance status at the time
- Attitude and responsibility (proactive restitution goes a long way)
When your lawyer humanizes your situation and shows a clear restitution plan, ADAs often become open to diversion or deferred outcomes—especially for a first offense.
What To Do Immediately If You’re Investigated or Charged
- Stop talking to investigators until you consult a defense lawyer. Polite, firm: “I’d like to speak with an attorney.”
- Preserve evidence: photos of your vehicle, the scene, dash cam footage, GPS data, rideshare records, phone logs.
- Get repair estimates (from a credible shop) if damage is alleged—numbers matter.
- Address insurance: if you can, renew or secure coverage now.
- Start gathering funds for restitution if you believe there’s real damage.
- Contact a local FSGI defense attorney who knows the courthouse and the people—speed matters in hit-and-run cases.
Why Hire Attorney Eric Benavides for an FSGI Case in Houston?
Eric Benavides is a Houston criminal defense lawyer who regularly handles FSGI (“hit and run”) cases in Harris County and surrounding counties (Fort Bend, Galveston, Montgomery, Brazoria). Clients and colleagues know him for:
- Local courtroom experience on FSGI and related driving offenses
- A restitution-first playbook that often unlocks diversion and dismissal tracks
- Hands-on negotiation with ADAs grounded in damage verification, mitigation, and realistic plans for out-of-pocket payments when there’s no insurance
- A calm, no-judgment approach that gets clients from panic to plan—fast
Put simply: If you want the best shot at a dismissal, reduction, or record-friendly resolution, you want a lawyer who understands both the law and the local leverage in Houston-area courts.
Frequently Asked Questions (FSGI / Hit-and-Run in Texas)
Is FSGI a felony in Texas?
Not when it’s property damage only—that’s typically a misdemeanor (Class C or Class B). Injury or death cases are different (that’s usually FSRA), which can be a felony.
Will I go to jail?
Jail is possible for a Class B misdemeanor, but many first-time FSGI cases resolve with probation, diversion, or dismissal—especially with restitution and strong mitigation. Outcomes depend on your facts, history, and county policies.
How much restitution will I owe?
It depends on verified damage. Your lawyer can challenge inflated estimates and confirm what’s actually tied to your incident. Restitution commonly covers repairs and sometimes deductibles or reasonable rental costs.
I didn’t have insurance—am I doomed?
No. It makes negotiation tougher, but a lawyer can often structure payment plans, partial up-front contributions, and diversion or deferred options tied to restitution.
Can I get the case dismissed if I pay?
Paying restitution helps, but it’s not an automatic dismissal. In many Houston-area cases, restitution plus clean compliance (classes, no new offenses, community service) can unlock diversion or deferred adjudication that ends in dismissal.
Will this show up on background checks?
A conviction will. If your case is dismissed, you may later expunge or seal it, depending on the outcome. Ask your lawyer to plan for record-clearing from the start.
Do I have to talk to the victim or their insurance?
Let your lawyer handle that. Direct contact can complicate negotiations and statements can be used against you.
Smart Defense Timeline (What Working With a Lawyer Looks Like)
- Intake & Evidence Freeze
Review the report, video, photos; lock down your vehicle’s condition with pictures; collect witness names; pull any telematics/dash cam data. - Damage Verification & Insurance Strategy
Independent estimates, part-by-part analysis, and a plan for restitution—insurance if available, out-of-pocket if not. - Mitigation Packet
Letters, employment/school proof, prior clean driving/criminal history, proof of current insurance, proactive class enrollment (e.g., defensive driving, responsible driving course). - Negotiation & Procedural Leverage
Evaluate weaknesses in identity and knowledge. File targeted motions where appropriate. Open the door for diversion or deferred. - Resolution & Record Strategy
Land the best available outcome; calendar expunction/sealing down the line.
Realistic Outcome Goals
- Best case: Pretrial diversion → dismissal → expunction eligibility later.
- Strong case: Deferred adjudication → dismissal on completion → possible nondisclosure.
- Fallbacks: Reduction to a lower-level offense, short probation with minimal conditions, or a fine-only resolution for minor damage cases.
- When the State’s proof is thin: Dismissal based on evidentiary problems or lack of prosecutorial interest after restitution.
No lawyer should guarantee results. But a Houston FSGI attorney with a strong restitution plan and local relationships can significantly improve your odds.
Action Steps If You Need a Houston Hit-and-Run Lawyer Now
- Don’t wait. Early moves are often the difference-maker.
- Gather photos, estimates, insurance info, and any camera footage you can access.
- If you can, set aside money for restitution—even a modest amount shows good faith.
- Call Attorney Eric Benavides to discuss a tailored plan.
Free case evaluations available. Ask about diversion, deferred adjudication, and restitution-based dismissals in Harris County and nearby courts.
Final Note
This article is general information, not legal advice. Every case turns on its facts. If you’ve been cited or investigated for Failure to Stop and Give Information in Houston or a nearby county, reach out to Attorney Eric Benavides at 713-222-2828. The sooner you start, the more options you’ll have to protect your record, control costs, and move forward.