How California Law Defines Vehicular Assault
California has no separate statute for using a vehicle as a weapon. These cases are prosecuted under Penal Code 245(a)(1), the assault with a deadly weapon statute. California courts have established that a motor vehicle qualifies as a deadly weapon when used in a manner capable of producing great bodily injury, meaning a significant or substantial physical injury.
Under CALCRIM 875, the standard jury instruction for this offense, the prosecution must prove five distinct elements:
What the prosecution must prove:
- Willful act: The defendant performed an act that would probably result in the direct application of force to another person
- Deadly weapon or force: That act was committed with a deadly weapon or by force likely to produce great bodily injury
- Intent to act: The defendant acted willfully, meaning on purpose, not by accident
- Reasonable awareness: The defendant was aware of facts that would lead a reasonable person to believe the act would directly and probably result in force being applied
- Present ability: The defendant had the present ability to apply force at the time
The willfulness element is often misunderstood. It doesn’t require the prosecution to prove the defendant intended to injure anyone or intended to break the law. It requires only that the act itself was deliberate. Importantly, no actual contact or injury needs to occur for a charge to be filed. The prosecution’s burden is to show the act was likely to cause great bodily injury, not that it did.
These charges arise across a range of situations: road rage incidents where a driver accelerates toward another person, fleeing and evading scenarios, domestic disputes where a vehicle is used to threaten, and other confrontations. An accidental collision generally isn’t vehicular assault because the offense requires a willful act. That distinction between deliberate and accidental conduct is often where the defense finds its footing.
Penalties for a PC 245(a)(1) Conviction in California
Vehicular assault is a wobbler offense under California law, meaning the district attorney can charge it as either a misdemeanor or a felony. That decision depends on the defendant’s criminal history, the severity of any injury, the circumstances of the alleged act, and the prosecution’s assessment of aggravating factors. It’s one of the most consequential early decisions in the case.
Misdemeanor conviction: Up to one year in county jail and a fine of up to $1,000.
Felony conviction: Two, three, or four years in state prison and a fine of up to $10,000. If the alleged victim was a peace officer or firefighter and the defendant knew or reasonably should have known, PC 245(c) elevates the range to three, four, or five years in state prison.
Strike Consequences
A felony conviction where the court finds a vehicle was the deadly weapon can qualify as a serious felony under PC 1192.7, counting as a strike under California’s Three Strikes Law. A second strike doubles any future felony sentence. A third strike can result in 25 years to life. That’s why fighting a felony charge, or pursuing a reduction before sentencing, matters so much.
Great Bodily Injury Enhancement
If the alleged victim suffered significant physical harm, a great bodily injury enhancement under PC 12022.7 can add a consecutive three-year prison term. That figure increases to five years if the victim was left comatose or permanently paralyzed, or if the victim is 70 years old or older.
Collateral Consequences
Driver’s license: California Vehicle Code Section 13351.5(a) requires the DMV to immediately revoke the driving privilege of anyone convicted of a felony under PC 245 where a vehicle is found to be the deadly weapon.
Immigration: A felony assault with a deadly weapon conviction is classified as an aggravated felony under federal immigration law. Non-citizen defendants may face deportation or denial of reentry into the United States.
Firearm rights: A felony conviction permanently strips the right to own or possess a firearm. A misdemeanor conviction carries a 10-year firearm ban.
The statute of limitations for filing vehicular assault charges in California is three years from the date of the alleged incident, which means charges can arrive long after the underlying event.
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I cannot thank Robert enough for his efforts, knowledge, and execution in my case. He gave me a second chance.- Kevin Q.
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Michelle has had a profound impact on my life. She not only has a firm grasp of legal matters, but also of human emotions. This dynamic duo worked all hours of the day and night on my case. They exerted effort way beyond the amount that I had paid them.- Khadijeh K.
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If you are in need of a great attorney with an abundance of experience as well as a very professional office staff who constantly will keep you updated, call Ernenwein & Mathes!- Jake L.
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They are the gold standard for defense attorneys. A+- Former Client
How We Defend Vehicular Assault Cases in Torrance
Because PC 245(a)(1) requires a willful act, not mere negligence or an accident, the defense centers on the prosecution’s ability to prove intent and the specific circumstances of the alleged conduct. The facts matter enormously. How the vehicle was positioned, what the driver knew, what witnesses observed, and what the physical evidence shows can all affect the outcome.
Our on-staff licensed private investigator, a former LAPD officer, conducts independent investigations from the start: reviewing police reports, analyzing scene conditions, locating witnesses the initial investigation may have missed, and examining physical evidence. That work often surfaces details the prosecution’s version of events doesn’t account for.
Defense strategies we pursue:
- Lack of willful intent: Establishing that the contact or near-contact was accidental rather than deliberate
- Force standard: Challenging whether the act was genuinely likely to produce great bodily injury under the circumstances
- Self-defense or defense of others: Demonstrating the defendant’s conduct was a reasonable response to a threat
- Misidentification: Contesting whether the charged individual was actually the driver, a recognized defense angle when a passenger is mistaken for the operator
- Witness credibility: Examining inconsistencies in the complaining witness’s account
Robert Ernenwein’s background as a former LA County Deputy District Attorney gives us direct insight into how the Los Angeles County DA’s Office builds and presents assault with a deadly weapon cases, including how they are tried at the Torrance Courthouse. That knowledge informs our strategy from the first review of the police report through any jury trial.
Pre-Filing Intervention
Because vehicular assault is a wobbler, early advocacy can shape whether the DA files a felony charge, a misdemeanor, or declines to file at all. Pre-filing intervention, which involves engaging with the prosecutor before charges are formally filed, can be particularly impactful here. We pursue possibilities such as dismissal before filing, reduction from felony to misdemeanor under PC 17(b), negotiated resolutions, and diversion programs where appropriate. When a case must go to trial, Robert personally represents clients before the jury.
Robert holds a Preeminent 4.9/5 rating from Martindale-Hubbell and has been selected for Super Lawyers. He carries a Superb rating on Avvo. Ernenwein & Mathes, LLP is a member of the NACDL, LACBA, and South Bay Bar Association. Our paralegals and support staff handle immediate client concerns with the same care as our lead attorneys.
Speak Directly with a Torrance Vehicular Assault Attorney
A charge under PC 245(a)(1) moves quickly. The sooner we can review what happened, the more options may be available, including intervening before formal charges are filed. Contact Ernenwein & Mathes, LLP for a free, confidential consultation. You’ll speak directly with Robert or Michelle, not a case manager.
Call (310) 361-3068 to reach our Torrance office. We serve clients throughout the South Bay and all of Los Angeles County.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 310-361-3068 today!
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Should I Hire A Torrance Juvenile Attorney For My Child?
Absolutely.
The right counsel can help you avoid pitfalls that may arise in the case, such as the juvenile court’s determination that the case is serious enough (i.e., felony) to justify your child being charged and tried as an adult. If your child is tried as an adult, his or her case is moved to adult criminal court, and if convicted, may go to prison with adult offenders.
The defense lawyers at Ernenwein & Mathes, LLP, have handled over 1,000 juvenile cases over the course of their combined 60 years of experience. We will make every possible effort to allow your child to remain in juvenile court. We can attend your child’s fitness hearing, where the court makes the decision regarding whether to try your child as an adult or a juvenile. Psychiatric reports, probation reports and legal arguments can be arranged to help convince the juvenile court to retain its jurisdiction over the minor.
As Robert Ernenwein is a former Los Angeles deputy district attorney, the lawyers at Ernenwein & Mathes, LLP, know the criminal process inside out, giving them a distinct edge when they represent you in court. They are well-respected and well-known by Los Angeles prosecutors and judges.
If your child has been charged in a criminal case, contact Ernenwein & Mathes, LLP, Los Angeles and Orange County criminal defense lawyers today at (310) 361-3068 for a free case review.
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What Kind Of Punishment Will My Child Received If She Or He Is Convicted?
Generally, punishments fall into four different categories. First, your child may be sent home on probation. Second, the juvenile may be sent to a placement facility within the community, such as a boys’ or girls’ home. Third, the juvenile may be sent to a camp facility. The camp may be a short-term camp and last as little as four months or as long as 12 months. Finally, your child may be sent to DJJ, which is a juvenile version of an adult state penitentiary.
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If My Child Is Convicted, Will The Conviction Remain On His Criminal Record?
If you hire us, we will try to get your child’s case deviated out of the criminal justice system through deferred entry of judgement or to seek informal probation with dismissal or a dismissal after formal probation. If we can secure these as conviction/sentencing options, the offense will not go on his or her criminal record. If a plea of no contest or conviction occurs in a case, the record can be sealed after the juvenile’s 18th or 21st birthday.
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My Child Has Been Taken Into Custody. What Can He/She Be Charged With?
Depending on the seriousness of the charged offense, the prosecutor can file either misdemeanor or felony charges. If a minor is convicted of a misdemeanor, he will be placed on probation, detained in a juvenile facility, such as a boot camp or a ranch, ordered to pay a fine or a combination of these punishments. If the minor is convicted of an infraction, such as a motor vehicle violation, he or she will usually be punished with a fine.
However, the minor will face much more severe consequences if he is convicted of a felony. The court may sentence to incarceration in a state institution, such as the Division of Juvenile Justice (DJJ), which is the equivalent to a state prison sentence for adults. In addition to or in the alternative, the court may order house arrest (electronic monitoring), commitment in a youth center, probation, parole or undergoing treatment programs.
There are rules and procedures that are unique to the California Juvenile Court and, therefore, make it very different from adult criminal court. For instance, juveniles are not entitled to jury trials (the theory being that, since juveniles are being rehabilitated rather than punished, they are not entitled to all protections otherwise afforded adult criminals). Juveniles also have no right to bail.
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If You Were Not Drunk When The Fatal Crash OccurredEven if you were not drunk when the accident took place, you could still be charged with vehicular manslaughter. The prosecution will need to show that you committed an unlawful act while driving and were grossly negligent. For example, if you were speeding or driving recklessly, it could be considered an unlawful act. Gross negligence could come into play, too, which basically means you disregarded the safety of others.
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