What Is the Penalty for Vehicular Assault in CA? | Goss Law

Vehicular assault is a serious and often devastating criminal offense under California law. It happens when someone uses a car or truck in a way that threatens or harms another human being.

Whether the incident causes a minor fender-bender or even great bodily injury, the act of using a motor vehicle to harm another person can carry harsh consequences. However, many people still ask one question: "What is the penalty for vehicular assault in CA?"

Prosecutors often rely on evidence of grossly negligent conduct, which involves acts that a reasonably careful person would never make.

If the grossly negligent conduct causes the car accident or is able to produce great bodily harm, a vehicular assault charge may also lead to gross vehicular manslaughter charges. Our team can help with questions like What is the max sentence for vehicular assault in CA?

What Does California Penal Code Section 192(c) Say About Negligent Driving?

Under California Penal Code Section 192(c), a driver who causes the death of another person through negligent driving, but without intent, can be charged with vehicular manslaughter.

This law focuses on actions that a reasonably careful person would not commit behind the wheel. If someone is driving in a grossly negligent or unlawful manner, and their behavior causes a car accident that leads to a person’s death, the state sees it as a criminal offense.

The law defines two types of negligence under this section:

• Ordinary negligence

• Gross negligence

Ordinary negligence means the driver failed to use the care that any reasonable person would use. Gross negligence, on the other hand, involves reckless behavior that creates a substantial risk to human life. For more information between the two, the best criminal defense law firm in Sacramento may be able to help.

Punishment for Offenses Related to Gross Vehicular Manslaughter

When a driver acts with total disregard for human safety and that behavior directly causes a fatal crash, the consequences are life-changing for everyone involved.

Unlike ordinary negligence, which might involve a simple mistake, gross negligence means the driver’s actions created a substantial risk of inflicting serious bodily injury on others. In short, it's something a reasonable person would have clearly avoided.

Penalties for this unlawful act are severe. If convicted, the at-fault party could face felony charges, years in state prison, heavy fines, and the loss of their driving privileges.

In many cases, the punishment includes a prison sentence of four, six, or 10 years, depending on the facts of the case, any prior conviction, and the level of physical injury caused. If the incident involved the responsible party evading and resisting arrest from a police officer, the sentence may be even longer.

The court also considers whether the grossly negligent conduct involved additional factors, such as drunk driving, street racing, or violations of traffic laws.

Statute of Limitations for Great Bodily Injury Criminal Charges

The statute of limitations is strict in California, especially for charges considered a serious offense.

In most cases involving great bodily injury, prosecutors have up to one year to file misdemeanor charges, or up to three years if the act rises to the level of a felony offense.

The punishment, if convicted, may include county jail time, substantial fines, and long-term consequences depending on the severity of harm and the facts of the case. However, if the statute expires, even clear evidence of serious injury may not be enough to proceed.

Common Defenses Used to Justify Assault with a Deadly Weapon

An assault with a deadly weapon charge is one of the most feared and misunderstood allegations under California law.

It’s a serious offense, often tied to claims of intent, violence, or harm. Still, in many cases, the person facing the charge wasn’t acting out of aggression but maybe defending themselves, acting lawfully, or caught in a situation that quickly escalated beyond their control.

That’s why common defenses are essential in understanding how these charges can be challenged or even dismissed.

One of the strongest legal defenses is self-defense. If the accused can show they reasonably believed they were in danger of serious harm and used necessary force to protect themselves or someone else, the court may determine the act was justified.

Even if the incident involved a weapon capable of causing great bodily injury, it may still be considered a lawful act if the force was proportionate and the threat was real.

Another common defense involves mistaken identity or false accusations in emotionally charged scenarios like domestic disputes, road rage, or confrontations with strangers.

In other cases, the act might have started as a lawful act, such as breaking up a fight or intervening in a robbery but unintentionally escalated in a way that appeared threatening or dangerous.

The key to these defenses is to show that the accused did not act with the intent to harm or to produce great bodily injury. Instead, they acted in the moment, perhaps out of fear or confusion, rather than criminal intent.

How Is Gross Negligence Perceived in CA?

Gross negligence goes far beyond ordinary carelessness. It describes behavior so reckless, so extreme, that no reasonable person would consider it acceptable. It’s not simply forgetting a step or making a split-second error.

Whether the situation involves driving drunk, ignoring traffic laws, or acting in a way that could produce great bodily injury, this level of disregard is what the law punishes most harshly.

California courts see grossly negligent conduct as a danger to public safety. It doesn’t require intent to harm, but it does require proof that the accused acted with a clear lack of caution.

Judges and juries are asked to evaluate how a reasonably careful person would behave in the same situation. If the actions fall far below that standard, the law may find the liable party criminally responsible.

How Can a Criminal Defense Attorney Help Victims Suffering from Great Bodily Injury?

While prosecutors represent the state, a defense attorney works to make sure every fact is examined. That includes investigating whether the incident was a lawful act taken in a moment of panic or a reckless action that did in fact produce a substantial risk of unlawful killing.

In doing so, they help ensure justice is not rushed and that innocent people aren’t wrongfully punished.

A strong defense attorney helps move the case forward the right way, so victims aren’t left in legal limbo. They push for fair outcomes that may include restitution, accountability, or even a plea that avoids retraumatizing survivors during trial.

Final Words

Vehicular assault and related charges in California carry serious legal consequences, often changing lives in an instant.

Fortunately, with years of focused experience in criminal defense and vehicular manslaughter cases, the attorneys at Goss Law are equipped to fight for the truth.