Protect your rights and maximize your claim on your vehicular assault case
Have you encountered assault with a vehicle in Ventura, CA? You will need the help of a vehicular assault attorney to assist you in getting the money you deserve.
Your healthcare bills and pain and suffering damages require a skilled lawyer. Our attorneys have the experience and knowledge to maximize your claim. Contact us for a free consultation today! You have suffered enough.
Why Do I Need a Ventura Vehicular Assault Attorney?
A vehicular assault attorney in Ventura, CA, is a specialized attorney representing clients charged with vehicular assault, a severe criminal offense involving using a vehicle to cause injury or death to another person. A competent vehicular assault lawyer should possess the following qualities:
- Expertise in vehicular assault laws: A good Ventura vehicular assault lawyer should have a deep understanding of the laws related to vehicular assault in the jurisdiction where they practice. This includes knowledge of the applicable criminal statutes and relevant case law or court decisions.
- Trial experience: A successful vehicular assault attorney should have experience in the courtroom and be comfortable representing clients in front of judges and juries. They should be skilled at presenting evidence, cross-examining witnesses, and making persuasive arguments to the court.
- Attention to detail: Vehicular assault cases often involve complex technical and medical issues. A skilled vehicular assault attorney should have a sharp eye for detail and be able to analyze and interpret intricate evidence and medical reports.
- Communication skills: A competent Ventura vehicular assault lawyer should communicate well and explain complex legal issues to clients in plain language. They should also be able to effectively negotiate with prosecutors and other parties involved in the case.
- Compassion: An acknowledged vehicular assault attorney should be empathetic and compassionate for their clients facing severe criminal charges and significant legal consequences.
As for Strongest Defense, we are proud to say that our team of attorneys possesses all these qualities and more. Our firm has a proven track record of successfully handling vehicular assault cases and other criminal defense matters. Our attorneys have the expertise, experience, and attention to detail crucial to represent our clients effectively. We also prioritize communication with our clients and strive to provide compassionate support during difficult and stressful times.
We also understand the seriousness of vehicular assault charges and their impact on our clients’ lives. That’s why we work tirelessly to build solid defense strategies and protect our client’s rights throughout the legal process. We are proud of our reputation as skilled and dedicated advocates for our clients and will continue to provide the highest quality legal representation possible.
Take the first step towards protecting your rights and securing your future by contacting us now.
What is Assault with a Vehicle?
When you think of assault with a deadly weapon, you usually think of a firearm. However, any number of items, including a vehicle, can be considered deadly weapons. A deadly weapon is any item that can cause severe injury or death to another. A vehicle certainly fits into that category.
Vehicles typically weigh two or more tons, meaning they can kill someone. When you drive down the street, you are not committing assault because you do not intend to use the vehicle as a weapon. But using the car to harm someone intentionally can be considered assault with a deadly weapon.
The Applicable Statute Of Assault With a Vehicle in Ventura, CA
In California, assault with a vehicle is charged under Section 245(a)(1) of the California Penal Code. The statute reads as follows:”A 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.”
In a vehicular assault case, the prosecution must prove that the defendant intentionally used their vehicle as a deadly weapon to injure another person. This can include deliberately hitting a pedestrian, cyclist, or another vehicle.
It is important to note that the penalties for an assault with a vehicle conviction can be severe, including significant fines and prison time. If you have been charged with this offense, it is crucial to seek the advice of an experienced criminal defense attorney who can help you understand your legal options and build a strong defense.
Elements of Assault with a Vehicle
The prosecutor must prove the elements of assault with a deadly weapon as described in California Penal Code 245. Each element must be proven beyond a reasonable doubt.
- To prove assault with a vehicle, the prosecutor must first prove that an assault occurred. Assault is the unlawful attempt and ability to commit violent harm to someone else.
- In addition to proving the assault, the prosecutor must then prove that you used a vehicle as a weapon during the commission of the crime.
- In assault, the defendant must have willfully intended to cause bodily harm to another. Assault with a vehicle may be considered an aggravated assault.
- Since a vehicle is considered a potentially dangerous object, it can be a deadly weapon when it is used explicitly to harm another person.
- California has no specific penal code to cover vehicular assault, as in some states. This type of crime is covered by California Penal Code 245, assault with a deadly weapon.
The penalties for assault with a deadly weapon are severe and apply only to those convicted. Assault with a deadly weapon can be either a misdemeanor or a felony. If convicted of felony assault with a deadly weapon, you will face a sentence of up to four years in jail and fines of up to $10,000.
The penalties will be more severe for those with a similar conviction. If convicted of a misdemeanor, you will face up to a year in jail and fines of up to $1,000. The prosecution must prove the charges beyond a reasonable doubt.
- Assault with a deadly weapon, in this case, a vehicle, is a crime covered under California Penal Code 245. Assault with a deadly weapon is a violent crime.
- The charge of assault with a deadly weapon goes to the intent to harm another person. The incident might have been an accident if you did not intend to hurt someone. Every case is different and has a unique set of circumstances and evidence.
- The California Three Strikes Law applies to violent felony crimes. If you are convicted of a second crime, the penalties double. A third conviction includes a sentence of 25 years to life in prison.
Best Defenses to Vehicular Assault in Ventura, CA
Here are some of the possible defenses to vehicular assault in Ventura, CA:
- Lack of Intent: If the prosecution cannot prove that the defendant intended to cause harm or act recklessly, they may not be able to establish the required mental state for a vehicular assault charge.
- Self-Defense: If the defendant can show that they were acting in self-defense or defense of others, they may be able to justify their actions and avoid a conviction.
- Causation: The prosecution must prove that the defendant’s actions caused the alleged victim’s injuries. If there is evidence that the injuries were caused by something other than the defendant’s actions, such as a pre-existing condition, the defendant may be able to use this as a defense.
- No Injury Occurred: The prosecution must prove that the defendant caused physical harm to another person. If there is no evidence of an injury, the defendant may be able to argue that there was no basis for a vehicular assault charge.
- Constitutional Rights Violations: If the defendant’s constitutional rights were violated during the arrest or investigation, such as an illegal search or seizure, the evidence obtained might be inadmissible in court.
- Mistaken Identity: If the prosecution has the wrong person or there is a mistaken identity, the defendant may be able to show that they were not involved in the alleged incident.
- Insufficient Evidence: The defendant can avoid a conviction if the prosecution does not have enough evidence to prove their case beyond a reasonable doubt.
It is important to note that every case is different, and the best defense strategy will depend on the specific facts and circumstances of the case. A competent criminal defense attorney can help evaluate the evidence, identify potential defenses, and build a solid case to protect the defendant’s rights and interests.
Call Our Ventura Vehicular Assault Attorney Now!
If you or a loved one is facing assault with vehicle charges, call our firm today. We are here to listen. We are here to help, and we can help you fight for your future. Give us a call today.
If you have been charged with assault with a vehicle, call (805) 947-5443 now. We can provide you with a free case review.
Strongest Defense provides legal representation to individuals facing felony charges of assault with a vehicle in Ventura, Oxnard, and Camarillo, California. No attorney or law firm can make any promises or guarantee an outcome for your criminal case.
The contents presented on this site are for informational purposes only and should not be construed as legal advice. Visiting this website does not establish an attorney/client relationship.