Vehicular Assault Attorney in Walnut Creek

Criminal Defense for Vehicle-as-Weapon Charges in Contra Costa County

A vehicular assault allegation isn’t like a standard DUI or accident case. When a vehicle is used as a weapon during a road rage confrontation, a parking dispute, or a traffic altercation, prosecutors can file felony charges within hours of an arrest. Thomas Daly Law, A Professional Corporation handles these cases in the Contra Costa County courts where they’re actually prosecuted: Martinez, Richmond, and Pittsburg. Clients work directly with Thomas Daly from the first call through resolution.

Thomas Daly has delivered favorable resolutions and not-guilty verdicts for clients facing serious criminal charges, including a documented assault and battery dismissal. He brings that same commitment to every vehicular assault defense.

If you or someone you know is facing a vehicular assault charge in Walnut Creek or anywhere in Contra Costa County, contact Thomas Daly Law, A Professional Corporation at (925) 208-4801 for a free consultation, including free in-person meetings.

How California Law Defines Vehicular Assault

California has no statute titled “vehicular assault.” Using a motor vehicle as a weapon falls primarily under California Penal Code section 245(a)(1), assault with a deadly weapon, which treats a vehicle as a deadly weapon when a driver uses it in a way a reasonable person would recognize as likely to cause force or great bodily injury. The alleged victim doesn’t need to suffer actual physical harm for the charge to stand.

What the prosecution must prove is willfulness. An ordinary accident or momentary lapse in judgment doesn’t satisfy that standard. The conduct must be intentional, not merely careless.

Several related statutes can apply depending on the facts:

• Vehicle Code section 23153 (DUI causing injury): When alcohol or drugs are involved, prosecutors may add this charge alongside or in place of PC 245(a)(1), with its own distinct penalty structure.
• Penal Code section 245(c): If the alleged victim was a peace officer or firefighter on duty, and the defendant knew or reasonably should have known that, this elevated section applies and increases potential penalties.

Common scenarios that lead to these charges include road rage confrontations, escalated parking lot disputes, and situations where a driver is accused of using a vehicle as a threat during an argument.

Penalties for a Vehicular Assault Conviction in California

PC 245(a)(1) is a wobbler offense. It can be charged as either a misdemeanor or a felony based on the facts, the severity of any injury, and the defendant’s prior record. The sentencing ranges under California law differ substantially between the two.

Misdemeanor Conviction

A misdemeanor conviction carries up to one year in county jail, a fine of up to $1,000, and possible summary probation with conditions that may include community service, restitution, and anger management.

Felony Conviction

A felony conviction under PC 245(a)(1) carries a state prison sentence of two, three, or four years and a fine of up to $10,000. If the victim was a peace officer or firefighter under PC 245(c), the prison triad increases to three, four, or five years.

The consequences extend well beyond the sentence itself. Under California’s Three Strikes Law, a felony assault with a deadly weapon conviction counts as a strike. A second strike doubles the sentence for any future felony, and a third strike can result in 25 years to life. California Vehicle Code section 13351.5 also authorizes lifetime driver’s license revocation following a felony conviction for assault with a deadly weapon using a vehicle.

Non-citizens may face particularly severe collateral consequences. Assault with a deadly weapon is classified as a crime involving moral turpitude and as a violent felony under immigration law, which can create grounds for deportation or denial of entry. Professionals holding commercial driver’s licenses, medical licenses, or other state-issued credentials may face suspension or revocation proceedings entirely separate from any criminal sentence.

Defense Strategies for Vehicular Assault Cases

Thomas Daly begins every vehicular assault defense with a thorough review of the prosecution’s evidence: police reports, witness statements, surveillance footage, and dashcam recordings. Physical evidence in these cases can disappear quickly. Footage gets overwritten, and witness recollections shift. Early intervention isn’t procedural preference; it’s often an important part of preserving a strong defense.

Depending on the facts, defense approaches can include:

• Lack of intent: If the conduct wasn’t willful, the prosecution can’t establish the mental state required for PC 245(a)(1). Accidents and negligence don’t meet the standard.
• Misidentification: When evidence of who was actually driving is disputed or unclear, identity becomes a live issue at trial.
• Self-defense or defense of others: Conduct that appears threatening may be legally justified when the defendant faced an imminent threat.
• Causation challenges: The prosecution must connect the defendant’s specific actions to any alleged injury. Other contributing factors can break that chain.
• Prefiling intervention: In some cases, approaching the prosecutor before formal charges are filed may result in reduced charges or no filing at all.

Thomas Daly’s familiarity with Contra Costa County Superior Court’s procedures and personnel across the Martinez, Richmond, and Pittsburg courthouses informs how he frames arguments and anticipates prosecutorial approaches. In DUI-involved cases, he also flags the DMV administrative hearing deadline: that request must be made within 10 days of arrest to contest driver’s license action.

Thomas Daly’s Credentials & Approach

Thomas Daly has been recognized on the Northern California Rising Stars list by Super Lawyers every year from 2017 through 2024. This distinction is awarded to only 2.5% of attorneys in each state through peer nominations and independent evaluation. He serves as a Board Member of the Criminal Law Section of the Contra Costa County Bar Association and as an Advisory Committee Member of the Conflicts Panel for Contra Costa County, and he is a member of California Attorneys for Criminal Justice and the California Public Defenders Association.

His clients come from all backgrounds: teachers, engineers, athletes, and many others navigating misdemeanor and felony criminal matters. What distinguishes his practice is the one-on-one model. Clients receive direct attention and a defense plan built around the specific facts and goals of their case, not a template handed off to a junior associate. For someone facing a vehicular assault allegation in Walnut Creek, that difference in approach can matter as the case develops.

Schedule a Free Consultation for Your Vehicular Assault Case

Vehicular assault charges carry serious consequences: felony records, license revocation, and immigration exposure. The window for effective early intervention can be short. Thomas Daly Law, A Professional Corporation offers free consultations, including free in-person meetings, for individuals facing these charges throughout Contra Costa County.

Call Thomas Daly Law, A Professional Corporation at (925) 208-4801 to speak directly with Thomas Daly about your case.