Have you been accused of vehicular assault (assault with a deadly weapon)? Contact the Helfend Law Group today at 800-834-6434.
The term “vehicular assault” refers to cases where someone intentionally uses a car or other motor vehicle to threaten, strike, or cause physical harm to another person. This can stem from situations of road rage, high-speed chases, or confrontations with police officers.
It’s important to note that there’s no specific charge called “vehicular assault” under California law. Instead, vehicular assault cases are charged as assault with a deadly weapon.
And assault with a deadly weapon cases are serious. A single charge can lead to a felony conviction, years in prison, heavy fines, loss of driving privileges, and a violent crime on your record.
Los Angeles prosecutors pursue these cases aggressively. Even first-time defendants can face harsh penalties if someone suffers serious injury. With your freedom and future at risk, you cannot afford to wait. A knowledgeable defense attorney can protect your rights, challenge the prosecution’s case, and fight to reduce or dismiss the charges.
Contact the Helfend Law Group at 800-834-6434 to begin building your defense.
What is vehicular assault in California?
As we mentioned above, California law does not have a separate statute called “vehicular assault.” Instead, using a vehicle to attack someone is charged under the state’s assault with a deadly weapon laws.
California Penal Code § 245(a)(1) defines assault with a deadly weapon (often abbreviated ADW) as assaulting another person using any deadly weapon or instrument other than a firearm. In simple language, if a person commits an assault using a car, truck, or other vehicle, the law treats the vehicle as a deadly weapon.
To be guilty of assault with a deadly weapon in a vehicular assault case, a person must:
- Act willfully, and
- Drive in a manner that is likely to result in force or harm to another.
It is not necessary that the victim actually suffer injury, as long as the driver’s actions threatened immediate harm.
Importantly, an accident or ordinary negligence is not vehicular assault. If you accidentally hit someone with your car without criminal intent, for example, through momentary distraction or brake failure, that might lead to other charges (like reckless driving or negligence), but it is not assault because there was no willful intent to cause harm.
Vehicular assault examples
Assault with a deadly weapon with a vehicle is fundamentally an intentional or purposeful act. For instance, deliberately ramming another car during a road rage dispute or aiming your vehicle at a pedestrian on purpose would be considered vehicular assault.
Cases of vehicular assault often happen alongside other offenses. Depending on the circumstances, prosecutors might charge multiple crimes from one incident.
For example, if a driver was under the influence of alcohol or drugs and intentionally drove at someone, they could face both DUI charges and assault with a deadly weapon.
If someone tried to run another car off the road, they might be charged with assault with a deadly weapon and reckless driving or even attempted homicide in extreme cases.
In a police chase scenario, a driver who uses a car to evade officers or tries to hit a pursuing police officer could be charged with assault on an officer, felony evading, and other related offenses.
Each offense charged will carry its own penalties. This means a person can end up facing several counts at once, which greatly increases the potential punishment.
Is there an aggravated vehicular assault charge in California?
Some states use terms like “aggravated vehicular assault” for driving-related attacks that cause serious harm. However, just like with vehicular assault, California does not have a specific offense called aggravated vehicular assault. All assaults with a vehicle fall under the umbrella of assault with a deadly weapon.
That said, certain factors aggravate the situation and lead to harsher consequences. The law considers these cases “aggravated” by the circumstances even if the charge itself remains assault with a deadly weapon.
Aggravating factors for assault with a deadly weapon when using a vehicle
One major aggravating factor is if the incident caused serious physical harm or great bodily injury to the victim. California defines great bodily injury as a significant or substantial injury, for example, broken bones, serious head trauma, or any injury requiring hospitalization. When a vehicle is used to intentionally inflict bodily harm, prosecutors will almost always file felony charges.
Another aggravating factor is the status of the victim. If a peace officer (a police officer or firefighter) is the target of the assault, and the driver knew or reasonably should have known that the victim was an on-duty officer, the law imposes higher penalties. In California, assaulting an on-duty officer with a vehicle is a straight felony that can bring up to five years in state prison for a single count.
Likewise, if there are multiple victims (for example, driving a car into a crowd and injuring several people), a defendant can face separate felony counts for each person hurt. Each count would be “stacked,” significantly increasing potential prison time. For example, three victims could triple the prison exposure.
To sum things up, while there’s no separate name of “aggravated vehicular assault” in California law, the law is set up to handle these more serious cases.
Penalties for vehicular assault in California
Assault with a deadly weapon with a vehicle can be charged as either a misdemeanor or a felony, depending on the facts of the case. In legal terms, this is a “wobbler” offense.
The potential penalties differ widely based on how the offense is charged and the severity of the incident:
Misdemeanor conviction
If no one was seriously hurt and the incident was less egregious, the case might be treated as a misdemeanor.
In this case, the punishment can include up to one year in county jail, a fine of up to $1,000, or both. The court may also impose misdemeanor probation (summary probation) with conditions like community service, restitution to any victims, and anger management classes.
Even as a misdemeanor, a vehicular assault charge is serious. It will result in a criminal record and could impact your driving privileges and employment.
Felony conviction
When vehicular assault is charged as a felony, the stakes are much higher.
Under California Penal Code §245, a felony assault with a deadly weapon (vehicle) is punishable by two, three, or four years in state prison in most cases, along with fines up to $10,000. However, if the assault caused great bodily injury, additional prison time of 3 years can be added as an enhancement.
If the victim was a law enforcement officer or firefighter performing their duties, the base prison sentence can be up to five years for that count.
California three strikes law
A felony conviction for an assault with a deadly weapon is considered a “strike” under California’s Three Strikes Law when great bodily harm is inflicted or a deadly weapon is used. This means it will count as a serious felony on your record and can lead to much harsher sentences if you are convicted of any future felonies.
Additional penalties and collateral impacts
In both misdemeanor and felony cases, the court may impose restitution to pay for the victim’s medical bills or property damage.
You will also be left with a violent crime record that can make it difficult to obtain jobs, professional licenses, and even housing. If a firearm was involved or other weapons, there are additional specific penalties. If the case involved allegations like hit-and-run or DUI as separate charges, those come with their own penalties as well.
And if, tragically, someone dies from the incident, the charges would likely escalate to vehicular manslaughter or even murder, which carry far greater sentences. In any event, the exact punishment will depend on the circumstances of the offense and on the skill of your defense in negotiating or fighting the charges.
Defenses against vehicular assault charges
Being accused of vehicular assault does not automatically mean you will be found guilty. There are several viable defense strategies that a skilled lawyer can use to fight these charges.
Every case is unique, but common defenses in vehicular assault cases include:
Self-defense or defense of others
Your attorney may show that you only used your vehicle in a threatening manner because you felt you or someone else was in imminent danger. For example, perhaps an aggressor was approaching your car with a weapon and you drove toward them to stop the threat.
If you can establish that you acted out of reasonable fear for safety, it can justify your actions and negate criminal intent. Self-defense can be a strong defense if the evidence supports it.
Lack of intent (accident)
Remember, to convict you of assault, the prosecution must prove you acted willfully with awareness that your actions would likely cause harm. If your lawyer can demonstrate that what happened was not intentional, for example, you did not act willfully or you lost control of the car due to a wet road or mechanical failure, then it isn’t truly an assault.
Showing that the incident was a genuine accident or the result of negligence (not a deliberate act) can lead to charges being reduced or dismissed. In short, if you did not intend to use the vehicle as a weapon, you shouldn’t be guilty of vehicular assault.
Wrong person / false accusation
In some situations, you might be wrongly identified as the driver or even falsely accused. Perhaps you were not actually the person driving the car that caused the harm, or witnesses misinterpreted an innocent situation as an assault. Mistaken identity is possible, especially in chaotic scenes like a group altercation or hit-and-run scenario.
A diligent defense attorney will investigate the facts, check surveillance videos, interview witnesses, and verify where you were when the event occurred. If there is reasonable doubt about who was driving or what their intent was, that doubt can prevent a guilty verdict. The prosecution must prove that the defendant was the one who committed the act and did so with criminal intent. If they cannot firmly establish that, the charge cannot stand.
No ability to cause harm
In some cases, it can be argued that, regardless of intent, the circumstances were such that no actual assault could have occurred. For example, if the vehicle was not capable of moving or you were too far away to actually hit the alleged victim, then an essential element of assault is missing. This defense is less common in vehicular cases, but it might apply in a situation where the facts have been exaggerated and your car was never in a position to strike anyone.
In developing your defense, a good attorney will scrutinize all the evidence, including police reports, accident reconstructions, video footage, and witness statements.
Why choose the Helfend Law Group
When you are facing a serious charge like vehicular assault, you need an attorney with a proven track record in defending violent crime cases.
Robert M. Helfend of the Helfend Law Group brings more than 40 years of experience fighting for the rights of the accused in Los Angeles and across Southern California. Mr. Helfend has successfully defended clients against some of the most serious criminal charges, including assault with a deadly weapon, homicide, and other violent offenses. He has handled thousands of cases in his career, earning a reputation as a relentless and knowledgeable defense lawyer.
Call our office at 800-834-6434 at any time, day or night, and speak with an experienced Los Angeles vehicular assault defense lawyer about how to protect your rights.
Published September 21, 2025.