Maison Law advocates on behalf of injured car accident victims in California. As cars become more and more safe for drivers, it also becomes easier for them to turn their vehicles into weapons without doing much harm to themselves. California Penal Code Section 245(a)(1) covers the unlawful act of assaulting a person with a deadly weapon, or object, other than a firearm.
What is the Punishment for Using a Car as a Deadly Weapon?
Violation of Penal Code Section 245(a)(1) is considered assault with a deadly weapon using a vehicle. This is a strike offense and a felony if there is great bodily injury to the victim. If no injury occurred, it is not a strike or a felony, but a misdemeanor. This, however, can be disputed based on the facts of the case and the defendant’s criminal record. Penal Code Section 245(a)(1) clarifies punishment for this action as:
“(a)(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.”
The unfortunate fact of the matter is that people do use their cars to intentionally hurt others. These incidents occur most frequently in cases of:
- Domestic violence
- DUIs
- Aggravated battery in association with road rage
- Street racing
- Juvenile matters
- Intentional harm to pedestrians
It is important to note that victims do not need to be injured for a person to be in violation of Penal Code 245 (a)(1). A violation of this statute occurs when a defendant willfully and knowingly uses their car to cause great bodily harm to another. This law not only applies to drivers, but it also applies if a person intentionally pushes another person in front of a moving vehicle.
What Makes Assault Deadly According to California Law?
According to California Criminal Jury Instruction 875, a defendant can be charged with assault with a deadly weapon when:
- The defendant used a deadly lethal weapon or instrument with intent to directly harm another
- The force used by the defendant was likely to produce severe injuries to the victim’s body
- The defendant acted in a willful manner
- The defendant was aware their actions would lead a reasonable person to believe the act would directly and probably result in the application of force to produce great bodily harm
Severe injuries under California Law are described as “significant, or substantial physical injury.” These include:
- Broken bones
- Lacerations
- Serious abrasions
- Concussion
In order for a vehicle to be used as a deadly weapon in an assault claim, the defendant must intend to hit the person with their vehicle, or it would have to appear to a reasonable person that the defendant willfully intended to harm another with their vehicle.
Assault on a Public Officer
In California, any person serving their government can be considered a public officer. This ranges from courthouse security guards to the President of the United States. CPC 217.1(1) states:
“(a) Except as provided in subdivision (b), every person who commits any assault upon the President or Vice President of the United States, the Governor of any state or territory, any justice, judge, or former judge of any local, state, or federal court of record, any commissioner, referee, or other subordinate judicial officer of any court of record, the secretary or director of any executive agency or department of the United States or any state or territory…”
Assaults on Public Officers can be considered a misdemeanor or a felony. This is considered a “wobbler” crime as it can go either way, depending on the details of the crime. The assault must also be committed as a form of retaliation or to prevent the public officer from doing their job. If you’re convicted of Assault On A Public Officer, the felony penalty may be:
- Up to 3 years in county jail
- A fine of up to $10k
- Both imprisonment and a fine
Contact a Personal Injury Lawyer in California
If you or a loved one have been injured due to assault with a car as a deadly weapon, the experienced accident attorneys at Maison Law can help you get the medical help and financial compensation you need. We understand how traumatic these unfortunate events can be for assault victims, which is why we aggressively pursue a fair settlement to cover the full extent of your damages. Contact Maison Law today for a free consultation and case evaluation. There are no upfront fees at our firm and we don’t get paid until we win your case.
