Defenses to Vehicular Assault in CA

Vehicular assault is a very serious crime in California, and it often involves the use of a vehicle in a reckless, intentional, and negligent manner that results in harming or threatening to harm another person. California doesn't specifically have a crime called "vehicular assault," but it is commonly used to describe several crimes that involve causing serious injury with a motor vehicle. Some of these include driving under the influence, assault with a deadly weapon, where the weapon is the vehicle, or vehicular manslaughter, which not just causes great bodily harm, but it kills someone.

A person who is facing vehicular assault charges often feels overwhelmed by the consequences they could be facing. These might include jail time, fines, loss of driving privileges, and a permanent criminal record. It's important to note that a charge is not the same as a conviction. California allows for a number of legal defenses that might apply depending on the facts of every case. To do this, they will need a California criminal defense attorney by their side.

Goss Law is a criminal defense firm based in Sacramento. The team has extensive experience in building strong defenses for individuals accused of vehicular crimes across Northern California. When they work with their clients who have been charged with vehicular assault, they have several ways to defend them. They have insight on questions like What are the different types of Vehicular Assault charges in CA?

Understanding Vehicular Assault Under California Law - Possible Criminal Charges

Though the term "vehicular assault" is not found in the California Penal Code, prosecutors often charge for related crimes that involve great bodily injury caused by a vehicle. These might include:

• Assault with a deadly weapon (Penal Code § 245(a)(1))

• DUI causing injury (Vehicle Code § 23153)

• Gross vehicular manslaughter while intoxicated (Penal Code § 191.5(a))

• Reckless driving causing injury (Vehicle Code § 23104)

• Vehicular manslaughter (Penal Code § 192(c))

Minor charges might be up to one year in jail, but more serious charges of vehicular assault can mean up to four years in state prison. If there are aggravating circumstances, like domestic violence or attempted murder, these assault charges might even be elevated to other charges or crimes.

A misdemeanor conviction is less serious than a felony conviction, but all of them can affect a person's life. The nature of the charge will determine the best defense in a particular case. The accused person and their attorney will look at these options together to determine what the best defense is.

In general, they choose from the following options:

Lack of Intent (For Assault Charges)

In cases where a person is charged with assault with a deadly weapon, where the vehicle is the weapon, it's important to mention that they prosecutor must prove that there was intent. One defense that is commonly used is to show that there was no intent at all, and instead, the action was an accident. Getting a felony vehicular assault charge lowered to another charge can significantly lower the time spent in prison/county jail or lower fines.

Example:

A driver swerves to avoid a dog in the road and accidentally strikes a bicyclist. Although the outcome is tragic, the lack of intent may serve as a valid defense against an assault charge.

Lack of Criminal Negligence or Recklessness

Many vehicular assault-related offenses also require that the prosecution must prove that the accused person acted with reckless disregard or gross negligence for the safety of others. If defense can show that the driver acted like a reasonable person, it might not be appropriate to charge and convict them of these crimes. Ordinary negligence or momentary lapses in judgment do not meet the legal standard for gross negligence in criminal cases by California law.

Example:

A driver makes a legal turn at a green light but fails to see a jaywalking pedestrian, resulting in injury. While civil liability may exist, the conduct may not rise to criminal recklessness.

No Causal Connection Between Conduct and Injury

In all of these cases, the prosecutor must show that there is a direct casual link between the actions of the defendant and the physical injury sustained. If a substantial physical injury is caused by another factor, a pre-existing condition, or another driver, the prosecutor can't link the accused to the injury.

Example:

A driver who is under the influence is struck by another speeding motorist who causes a chain reaction accident. If the injury resulted primarily from the second driver’s conduct, the defendant may have a viable defense based on lack of causation.

Involuntary Intoxication or Prescription Drug Effects

In a DUI-related vehicular assault case, a lawyer might create a defense of involuntary intoxication or the unexpected effects of a prescribed medication. If the accused person took the medication, and they didn't know that is would impair their driving ability, it could turn a felony crime into a misdemeanor, or even get it thrown out.

This defense requires substantial documentation and expert testimony regarding the drug’s effects and the individual’s awareness. For more information, criminal defense law firms may be able to help.

Unlawful Police Stop or Arrest

If a police officer stops, arrests, or searches the accused person unlawfully, it could violate the accused person's constitutional rights. In this case, a defense attorney can file a motion to suppress evidence. If successful, this could lead to removing key evidence such as blood test results, field sobriety test observations, or incriminating statements.

Example:

An officer stops a vehicle without reasonable suspicion or probable cause. Any evidence obtained as a result of that unlawful stop may be inadmissible.

Challenging Blood or Breath Test Results

In DUI-related assault cases, chemical test results play a central role. However, these results can sometimes be flawed, which can be unfair to the defendant. Some of the things that a defense attorney can try to prove include:

• Improper calibration or maintenance of testing devices

• Inaccurate administration of tests

• Contaminated blood samples

• Rising BAC defense (alcohol levels increased after the time of driving)

An experienced attorney may challenge the accuracy, reliability, or timing of these tests to cast doubt on the prosecution’s claims in any case, from a vehicular manslaughter case to a felony aggravated assault. They can also explain questions like What is vehicular assault?

Emergency or Necessity Defense

Though rare, it's also possible that a person might be operating a vehicle and will cause serious bodily harm, but they are taking such a risk because they feel that they are either in danger or they are in an emergency situation. In this case, the defense attorney will try to inject reasonable doubt into the proceedings to show that the act was justified.

Example:

A driver swerves into another lane and causes an accident in order to avoid hitting a person who suddenly entered the road.

This defense is fact-specific and requires a showing that the action was proportional and the only viable option in the moment.

Self-Defense or Defense of Others

While rarely applicable in vehicular cases, a person may claim that the use of the vehicle was necessary to defend oneself or others from imminent harm. The threat must be immediate, and the response must be reasonable under the circumstances.

Example:

A driver accelerates through a barricade after being threatened by an armed individual and unintentionally injures someone. The defense may argue that the conduct was justifiable even when causing serious bodily injury.

Mistaken Identity

In hit-and-run or road rage incidents involving vehicular assault allegations, mistaken identity is a possible defense — especially in cases where the prosecution lacks direct evidence tying the accused to the vehicle involved.

Surveillance footage, witness descriptions, or vehicle registration records may not always be conclusive. An attorney may challenge the reliability of such evidence or better yet, provide an alibi for their client to avoid a felony conviction.

Statutory Exceptions or Sentencing Alternatives

Sometimes a conviction will be pretty likely, but all is still not lost. In these cases, a defense attorney can advocate for a reduced charge or even some type of alternative sentencing. Examples of this include:

• Turning a felony into a misdemeanor charge

• Deferred entry of judgment

• DUI education class or rehabilitation programs

• Probation in lieu of jail time

This can help minimize the long-term consequences of a vehicular assault conviction, particularly for first-time offenders.

Importance of Legal Representation

A charge like vehicular assault is very complex and it can be very confusing. The prosecutor will try to show that the defendant acted willfully, and often pursue these cases very aggressively. This is especially the case when there are very serious injuries or the defendant was intoxicated.

An attorney will work with their client to get the best possible outcome. To do this, they will use the following tactics:

• Evaluating the strength of the prosecution’s case

• Investigating and uncovering mitigating evidence

• Consider applicable defenses

• Negotiating plea agreements or diversion

• Preparing for trial if necessary

Goss Law in Sacramento offers experienced and strategic defense representation for individuals accused of vehicular assault and related charges throughout Northern California. With a deep understanding of California’s criminal justice system, the firm is dedicated to protecting clients’ rights and achieving the best possible outcome in every case.

Hire a California Criminal Defense Attorney

Vehicular assault allegations in California carry significant penalties, including jail or prison time, license suspension, and a lasting criminal record. However, not every allegation results in a conviction. A variety of legal defenses — including lack of intent, causation challenges, constitutional violations, and chemical test inaccuracies — may apply depending on the facts of the case.

With experienced legal counsel, individuals facing these charges can challenge the prosecution’s criminal investigation, show that they did not mean to produce great bodily harm, and pursue reduced charges or dismissal.

Goss Law stands ready to defend those accused of vehicular assault with professionalism, and will do what they can to get the best outcome for those facing these charges.