What are the Different Types of Vehicular Assault Charges in CA?

Vehicular assault charges in California are serious criminal allegations that occur when a driver uses their vehicle in a negligent, reckless, or intentional manner that harms another person. California doesn't specifically have a statute called "vehicular assault," but several crimes are often referred to as vehicular assault in the media and in daily conversation.

Understanding the types of vehicular assault charges that are possible under the California Penal Code is important for anyone who is facing charges. Knowing how California law applies can help the person charged understand what they are facing and the possible sentence that can be given.

It's also extremely important to work with an expert criminal defense attorney. Goss Law is a criminal defense firm based in Sacramento. Blair Goss represents individuals accused of violent and vehicular crimes throughout Northern California. The legal team fully understands the various types of vehicular assault charges in California, including the definitions, penalties, and legal implications. They work hard for their clients to get the best possible outcome.

What Is Vehicular Assault in California Law?

The term “vehicular assault” is not explicitly defined in the California Penal Code. Instead, it is used informally to describe criminal acts where a vehicle is used as a weapon or in an attempt to produce great bodily injury.

Vehicular assault charges may arise in situations involving:

• Driving under the influence (DUI)

• Street racing or reckless driving

• Road rage or intentional attacks with a vehicle

• Negligent or grossly negligent behavior resulting in injury or death

Depending on the driver’s mental state (intentional, negligent, or reckless), the severity of the victim’s injuries, and whether substances were involved, the prosecution may file a range of charges — from misdemeanors to serious felonies like aggravated assault with a deadly weapon, which in this case, would be the vehicle.

Keep in mind that they must prove that the accused was trying to cause serious bodily harm, and they can add deadly weapon charges, too, since cars and trucks can be considered deadly weapons in this case. This all comes with severe penalties, but an attorney can help to get the best possible outcome. They can answer questions like What is the max sentence for vehicular assault in CA?

Here are some of the different charges and penalties that may come with a vehicular assault case:

Assault with a Deadly Weapon (Vehicle) – California Penal Code Section § 245(a)(1)

One of the most serious vehicular assault charges in California is assault with a deadly weapon using a vehicle. Under Penal Code § 245(a)(1), a person commits this offense when they make an unlawful attempt to use a vehicle to inflict violent injury on another person.

Key Elements:

• The defendant committed an assault

• The defendant used a deadly weapon — in this case, a motor vehicle

• The act was done willfully and with the present ability to apply force

Example:

A driver intentionally swerves to hit a pedestrian during a road rage incident. Even if the pedestrian is not seriously injured, the act may still be charged under PC § 245(a)(1). The prosecutor will try to prove that the defendant acted in a way where they wanted to hurt the alleged victim.

Penalties:

• Felony or misdemeanor (wobbler, meaning it can be either a misdemeanor or a felony)

• Felony: From two up to four years in state prison

• Misdemeanor: Up to one year in county jail

• Fines up to $10,000

• Strike offense under California’s Three Strikes Law

This charge applies only when prosecutors can prove the driver acted intentionally, not merely recklessly or negligently.

Felony DUI with Injury – Vehicle Code § 23153

Driving under the influence of alcohol or drugs and causing injury to another person can result in a felony DUI charge under Vehicle Code § 23153. This is a felony assault charge and even if it was an auto accident, if it caused physical injury to another person, the driver could be facing assault charges and more.

Key Elements:

• The driver was under the influence

• The driver violated a traffic law or acted negligently

• The violation or negligence caused bodily injury to another person

Example:

A driver runs a red light while intoxicated and crashes into another car, injuring the occupants. This type of unlawful driving has severe penalties including:

Penalties (First Offense Felony DUI with Injury):

• 16 months, 2, or 3 years in state prison (plus 1–6 years for injury enhancement)

• Up to $5,000 in fines

• License suspension or revocation

• Mandatory DUI education program

• Formal probation or parole

Felony DUI charges may also count as strikes and lead to enhanced penalties for repeat offenders. For more information, the top criminal defense attorneys in Sacramento may be able to help.

Gross Vehicular Manslaughter While Intoxicated – Penal Code § 191.5(a)

When a DUI-related crash results in a fatality and the driver acted with gross negligence, prosecutors may file charges under PC § 191.5(a) — gross vehicular manslaughter while intoxicated. In this case, the accident did not produce great bodily harm; it caused a death. Even if it was not a willful act, it is still extremely serious.

Key Elements:

• The driver was under the influence

• The driver committed an unlawful act (not a felony) or lawful act in an unlawful manner

• The act was committed with gross negligence

• The act caused another person’s death

Example:

A drunk driver speeds through a red light and hits a pedestrian in a crosswalk, killing them.

Penalties:

• Felony only

• 4, 6, or 10 years in state prison

• Strike offense

• Possible civil liability

This is one of the most serious vehicular charges short of second-degree murder. It shows how serious the law looks at driving under the influence.

Reckless Driving Causing Injury – Vehicle Code § 23104(a)

Though many do, not all vehicular assault charges involve being under the influence. Under VC § 23104(a), if the driver is driving recklessly, and they cause an injury to another person, they can be charged with reckless driving causing injury. This isn't as serious as other types of assault, including vehicular assault, sexual assault, or even simply assault, but it's still very serious.

Key Elements:

• The driver didn't care about the safety of other people or property

• The driver’s actions directly caused injury to someone else

Example:

A driver weaves in and out of lanes at high speed and crashes into a bicyclist, causing serious injuries. They didn't do this intentionally, but they were still negligent.

Penalties:

• Misdemeanor

• Up to six months in county jail

• Fines up to $1,000

• Probation and community service

• Increased penalties for repeat offenses

Although less serious than DUI charges, reckless driving with injury is still a criminal offense and can impact insurance, employment, and future driving privileges. It also can affect a person's reputation.

Vehicular Manslaughter (Non-DUI) – Penal Code § 192(c)

When a person dies due to negligent driving without intoxication, a driver may be charged with vehicular manslaughter under PC § 192(c).

Types of Vehicular Manslaughter:

• Ordinary Negligence – PC § 192(c)(2)

• Gross Negligence – PC § 192(c)(1)

Examples:

• A driver is distracted by their phone and runs a red light. This causes a fatal crash (gross negligence)

• A driver makes a minor illegal turn, and it causes someone’s death (ordinary negligence)

Penalties:

• Ordinary Negligence (Misdemeanor): Up to 1 year in county jail

• Gross Negligence (Felony): 2, 4, or 6 years in prison

Unlike DUI-related manslaughter, these charges don't require substance use but it can still lead to very serious penalties due to the behavior of the driver.

Hit and Run with Injury – Vehicle Code § 20001

Fleeing the scene of an accident after causing injury is a criminal offense under VC § 20001 and may be charged alongside vehicular assault-related offenses. A reasonable person would not leave the scene of a crime, according to the law, so this is also part of California vehicular assault charge.

Key Elements:

• The driver was involved in an accident resulting in injury or death

• The driver failed to stop, provide information, or render aid even though they knew they hit someone

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Penalties:

• Misdemeanor or felony

• Misdemeanor: Up to 1 year in jail

• Felony: 2, 3, or 4 years in state prison

• Fines between $1,000 and $10,000

• License suspension

Leaving the scene of a crash may be interpreted as evidence of guilt or recklessness in vehicular assault cases. It also often causes the prosecution to add other charges or offenses related to the crash.

Defending Against Vehicular Assault Charges

Each vehicular assault case is unique and requires a fully unique defense strategy. A skilled criminal defense attorney at Goss Law may explore defenses such as:

• Lack of intent (for assault with a deadly weapon)

• No causation between the defendant’s actions and the victim’s injuries

• Unforeseeable medical conditions or third-party negligence

• Inaccurate eyewitness testimony

• Self defense

• Mistaken identity

• Improper chemical testing or chain-of-custody issues in DUI cases

The sooner a person reaches out to a lawyer, the better. Even a simple assault can bring a criminal case against the accused, and this can affect their life both now and in the future.

Work with a Criminal Defense Attorney Who Knows the Law

Vehicular assault charges in California encompass a wide range of criminal offenses — from reckless driving to DUI-related injury or death, to intentional acts using a vehicle as a weapon. Each charge carries different legal standards and penalties, and in some cases, the maximum sentence can exceed 10 years or even result in life-altering felony convictions. Our experts can explain defenses to vehicular assault in CA.

Prosecutors must prove guilt beyond a reasonable doubt, and if they have insufficient evidence or other issues in their case, it can be hard to get an accused person convicted of a crime.

Anyone accused of a vehicular assault-related offense should seek immediate legal guidance. They don't have to plead guilty. There may be other ways to deal with the case, especially if they didn't commit assault or make physical contact to the alleged victim.

Goss Law, based in Sacramento, has extensive experience defending clients against serious traffic-related criminal charges and works diligently to protect their rights, freedom, and future. Call now for a free case review.