California Vehicular Assault: Laws, Penalties, Defenses & Complete Guide

ehicular assault is one of the most serious and misunderstood driving-related crimes in California. While most people recognize that driving under the influence or causing a traffic collision can lead to criminal charges, fewer understand that intentionally using a vehicle in a threatening or harmful way can be prosecuted like a violent assault. Because a car is considered a potential deadly weapon, the legal consequences can be severe—even if no physical injury occurs.

What Is Vehicular Assault Under California Law?

California does not have a single statute called “vehicular assault.” Instead, the offense is prosecuted under several existing assault and DUI laws depending on what happened. In simple terms:

Vehicular assault occurs when someone uses a motor vehicle in a reckless or intentional way that threatens or attempts to injure another person.

Because a vehicle can cause severe injury or death, the law treats it as a dangerous or deadly weapon when used aggressively.

The most common laws used in vehicular assault cases include:

• Penal Code §245(a)(1) – Assault With a Deadly Weapon

• Penal Code §245(a)(4) – Assault by Means Likely to Produce Great Bodily Injury

• Penal Code §245(c) – Assault on a Peace Officer With a Deadly Weapon

• Penal Code §240 – Simple Assault

• Penal Code §242 – Battery

• Vehicle Code §23153 – DUI Causing Injury

Depending on the level of intent, injury, and circumstances, charges can be filed as either misdemeanors or felonies.

Acts That Commonly Lead to Vehicular Assault Charges

Many people face vehicular assault accusations after a moment of anger, panic, or misjudgment. The courts will evaluate the driver’s intent, behavior, and the risk posed.

Here are common scenarios that result in criminal charges:

1. Road Rage or Aggressive Driving

Road rage is one of the leading causes of vehicular assault charges. Examples include:

• Accelerating toward a person

• Trying to scare a pedestrian or cyclist

• Swerving toward another driver

• Intentionally bumping another car

Even if no one is physically struck, the mere attempt can be enough to trigger assault charges.

2. Using a Vehicle During a Dispute

Arguments in parking lots, neighborhoods, or outside bars sometimes escalate to the point where someone uses their vehicle in a threatening way.

3. Attempting to Intimidate or Frighten Someone

Even if the driver never planned to hit the person, the act of using the car as a threat can count as assault.

4. Drunk Driving That Causes Injury

If intoxication leads to an injury, prosecutors may file DUI injury charges in addition to assault-related offenses.

5. Injuring or Threatening a Police Officer

California imposes harsher penalties when the victim is a law enforcement officer, firefighter, or emergency personnel.

6. Fleeing the Scene in a Dangerous Manner

A driver attempting to escape from a crime or traffic stop who places others at risk may face assault charges.

Penalties for Vehicular Assault in California

Penalties can vary widely depending on the specific conduct and resulting harm. Below is a breakdown of the most common consequences.

Assault With a Deadly Weapon Using a Vehicle

Since a car counts as a weapon when used aggressively, this is the most frequent charge in vehicular assault cases.

As a misdemeanor:

• Up to 1 year in county jail

• Fines up to $1,000

• Probation

• Possible driver’s license restrictions

As a felony:

• 2, 3, or 4 years in state prison

• Fines up to $10,000

• Strike on your criminal record

• Mandatory victim restitution

Assault Likely to Produce Great Bodily Injury

If force is used that could reasonably cause severe harm—even if the victim is not struck—this charge may apply.

Penalties include:

• Up to 4 years in prison

• Fines up to $10,000

Assault on a Peace Officer Using a Vehicle

Penalties increase when a police officer or first responder is the alleged victim.

Potential sentence:

• Up to 5 years in state prison

• Significant fines and restrictions

DUI Causing Injury (Vehicle Code §23153)

When an impaired driver causes an injury, it may result in both DUI and assault-related consequences.

Misdemeanor penalties may include:

• Up to 1 year in jail

• Fines and restitution

• DUI education programs

• License suspension

Felony penalties may include:

• 2 to 4 years in prison (longer if the victim suffered serious injury)

• Habitual traffic offender status

• Long-term license revocation

Additional Consequences of a Vehicular Assault Conviction

A conviction can affect nearly every area of life. Collateral consequences may include:

• Permanent criminal record

• Loss of employment opportunities

• Increased insurance rates or cancellation

• Civil lawsuits from victims

• Immigration consequences for non-citizens

• Firearm restrictions (for felonies)

Because of how serious these cases are, early legal representation is critical.

What Prosecutors Must Prove

Although the exact elements depend on the charge, prosecutors generally have to prove:

1. You were driving a motor vehicle

2. You acted intentionally or recklessly

3. Your actions were likely to cause harm

4. Another person was threatened, injured, or placed in immediate danger

Intent can be inferred from behavior, but accidents, misjudgments, or momentary inattention may not qualify as assault.

Legal Defenses to Vehicular Assault Charges in California

The right defense strategy depends on the facts of the case. Common defenses include:

1. No Intent to Harm

Assault requires purposeful or reckless behavior. A true accidental act—such as losing control of the car due to weather—may not be criminal.

2. Self-Defense or Defense of Others

If a person reasonably believes they are in immediate danger, using a vehicle to escape harm may be legally justified.

3. Mistaken Identity

In chaotic traffic events, victims may misidentify the driver or vehicle involved.

4. Lack of Evidence

If video footage is unclear or witness testimony is unreliable, the prosecution’s case weakens.

5. Accident Without Negligence

Not every collision is a crime. Ordinary accidents fall under civil law, not criminal assault.

6. Challenging DUI Tests

If chemical testing was mishandled or the driver’s rights were violated, certain evidence may be suppressed.

Is Vehicular Assault a Felony?

Yes. Vehicular assault can be charged as a felony, especially if:

• The driver intended to injure someone

• A deadly weapon (the vehicle) was used aggressively

• The victim suffered significant injury

• The driver was intoxicated

• A police officer or protected individual was involved

Felony charges carry the possibility of long-term imprisonment and substantial penalties.

Can You Go to Jail for Vehicular Assault?

Absolutely. Jail or prison time is a common outcome for vehicular assault—particularly for felony cases or those involving bodily injury. Even first-time offenders may face incarceration depending on the facts.

What to Do If You’ve Been Accused of Vehicular Assault

Facing vehicular assault charges is frightening and overwhelming. These cases move quickly, and the consequences can be life-changing. Here’s what you should do immediately:

1. Do not speak to police without a lawyer.

2. Avoid discussing the incident with anyone besides your attorney.

3. Save any dashcam footage, photos, or messages that may help your case.

4. Gather witness names and statements while they are fresh.

5. Contact a skilled criminal defense attorney right away.

Legal representation can mean the difference between freedom and prison.

Conclusion: Understanding California Vehicular Assault

California’s laws surrounding vehicular assault are strict and unforgiving. A vehicle is a powerful and potentially dangerous object, and using it in any threatening or reckless way can lead to serious criminal charges. Whether the incident stems from road rage, a misunderstanding, or a DUI-related injury, the stakes are high. If you find yourself accused of vehicular assault, the most important step you can take is to seek experienced legal guidance as early as possible.

Call to Action: Contact Southwest Legal Today

If you or someone you love is facing vehicular assault charges in Southern California, you need strong, experienced, and aggressive legal representation immediately. Southwest Legal has the knowledge and dedication to defend your rights, challenge the evidence, and fight for the best possible outcome. Call us today for a free, confidential consultation.