Experienced California Vehicular Assault Defense Attorney
If you or someone you love has been charged with vehicular assault in California, you need a skilled and aggressive criminal defense lawyer on your side. Vehicular assault-sometimes referred to as vehicular battery or assault with a deadly weapon (vehicle)-is a serious offense that can lead to jail time, loss of driving privileges, and a permanent criminal record.
At Walia Law Firm, our team has over 20 years of experience defending clients throughout the San Francisco Bay Area, including Alameda County, Contra Costa County, Santa Clara County, and San Mateo County. We handle complex vehicular assault, DUI with injury, and vehicular manslaughter cases with precision, compassion, and strategy.
What Is Vehicular Assault in California?
Under California Penal Code § 245(a)(1) and Vehicle Code § 23153, vehicular assault can occur when someone uses a vehicle to intentionally or recklessly cause injury to another person. The offense often overlaps with DUI-related crimes, especially if alcohol or drugs are involved.
You can be charged with vehicular assault if prosecutors believe you:
- Drove recklessly or under the influence of alcohol or drugs,
- Intentionally used your vehicle to threaten, harm, or injure another person, or
- Caused an accident that resulted in bodily injury or death.
Legal Elements of Vehicular Assault
To convict you of vehicular assault, prosecutors must prove:
- You were operating a motor vehicle
- You acted with intent to cause harm or with reckless disregard for safety
- Your actions resulted in bodily injury to another person
- You had the present ability to apply force
Penalties for Vehicular Assault in California
Penalties vary depending on whether the charge is filed as a misdemeanor or felony, and whether it involved DUI, bodily injury, or intent. Common penalties include:
| Charge Level | Penalty | Additional Consequences |
|---|---|---|
| Misdemeanor Vehicular Assault | Up to 1 year county jail | Fines, probation, license suspension |
| Felony Vehicular Assault | Up to 4 years state prison | Fines up to $10,000, felony record |
| DUI-Related Enhancement | Enhanced sentencing | Mandatory programs, IID requirements |
| Great Bodily Injury | Additional 3-6 years | Victim restitution, strike on record |
- Jail or prison time – up to 4 years in state prison for felony assault
- Driver's license suspension or revocation (see license suspension defense)
- Fines up to $10,000
- Probation and mandatory DUI programs
- Restitution to victims
- Permanent criminal record affecting employment and immigration
If alcohol or drugs were involved, the penalties may be enhanced under California DUI laws, including mandatory sentencing, longer license suspensions, and ignition interlock device requirements.
Defending Vehicular Assault and DUI with Injury Charges
As a leading California DUI lawyer and vehicular assault defense attorney, Walia Law Firm understands how prosecutors build these cases-and how to dismantle them.
Possible Defense Strategies Include:
- Lack of intent – showing the incident was an accident, not an intentional act
- No reckless conduct – proving you were driving safely given the conditions
- Challenging DUI evidence – breathalyzer or blood test inaccuracies
- Violation of rights – unlawful stop, arrest, or search
- Alternative explanations – medical or mechanical issues causing the crash
Every case is unique. Our firm conducts a thorough investigation, reviews accident reconstruction reports, and consults with forensic experts to build the strongest possible defense.
Related Charges and Offenses
Vehicular assault charges often involve or relate to other serious offenses:
- DUI with injury (Vehicle Code § 23153)
- Vehicular manslaughter (Penal Code § 192(c))
- Assault with a deadly weapon (Penal Code § 245(a)(1))
- Reckless driving (Vehicle Code § 23103)
- Hit and run with injury (Vehicle Code § 20001)
Commercial Driver and Truck Driver DUI/Assault Charges
If you're a commercial driver (CDL holder) or truck driver, a vehicular assault or DUI arrest can immediately jeopardize your career. California imposes stricter penalties for commercial drivers-even for a BAC as low as 0.04%.
Our firm represents truck drivers, rideshare drivers (Uber/Lyft), delivery drivers, and professional operators throughout the Bay Area who face DUI or vehicular assault charges. We understand the high stakes and fight to protect your license, livelihood, and record.
Commercial Driver Considerations
- Immediate CDL suspension upon arrest
- Employer notification requirements
- Career-ending consequences for conviction
- Enhanced penalties and longer suspensions
- Federal regulations and compliance issues
Investigation and Evidence Collection
Our comprehensive approach to vehicular assault defense includes:
- Accident scene investigation and reconstruction
- Review of police reports and witness statements
- Analysis of traffic camera and dashcam footage
- Medical record examination and expert consultation
- Vehicle inspection for mechanical defects
- Challenging field sobriety and chemical test results
Why Choose Walia Law Firm
- Over 20 years of criminal defense experience in California courts
- Successful defense in DUI with injury, vehicular manslaughter, and assault cases
- Personalized, hands-on approach to every client
- Aggressive representation from arraignment through trial
- Serving clients in Fremont, San Jose, Oakland, San Francisco, and beyond
Areas We Serve
We provide vehicular assault defense throughout the San Francisco Bay Area and surrounding counties.
Counties: Alameda, Santa Clara, Contra Costa, San Mateo, San Francisco
Cities: Fremont, Oakland, San Jose, Hayward, Redwood City, Pleasanton, Walnut Creek, and surrounding areas.
Immediate Steps After Arrest
- Contact an experienced vehicular assault defense attorney immediately by scheduling a free consultation
- If DUI allegations are involved, request a DMV hearing within 10 days-see our DMV guide
- Do not discuss your case with police without legal representation
- Preserve all documentation related to your arrest and the incident
- Avoid posting about your case on social media
- Follow all bail conditions and court orders
A vehicular assault charge can change your life in an instant-but you don't have to face it alone. Early legal representation can mean the difference between a conviction and a reduced or dismissed charge.
