When Is a Car a Deadly Weapon in Los Angeles?

Los Angeles roadways are a study in contrasts. During rush hour, the same Pacific Coast Highway that offers breathtaking ocean views can become a parking lot for exasperated commuters. Our freeways see more than 7 million registered vehicles daily, and with that volume comes an unfortunate side-effect: a steady stream of road-rage confrontations. When anger turns into action behind the wheel, an everyday automobile can quickly be transformed into a deadly weapon under California law, exposing the driver to serious felony charges.

This page explains how and when a car is classified as a deadly weapon in Los Angeles, the legal consequences of an arrest under Penal Code § 245(a)(1), and the defenses that an experienced criminal lawyer can raise on your behalf. If you have been arrested for or charged with assault with a deadly weapon involving a vehicle, it is imperative that you speak with a knowledgeable violent crimes attorney right away.

California Penal Code § 245(a)(1) makes it a felony to commit an assault with a deadly weapon other than a firearm. The statute defines assault broadly: the prosecution must prove that the defendant.

• Performed an act that, by its nature, would probably and directly result in the application of force to another
• Performed that act with a deadly weapon
• Did so willfully
• Was aware that a reasonable person would realize the act would probably result in force being applied
• And had the present ability to apply that force.

A vehicle easily satisfies the definition of a “deadly weapon” because, in the words of the California Supreme Court, “any object, instrument, or weapon that is used in such a manner as to be capable of producing and likely to produce, death or great bodily injury” falls within the statute.

• Size and Mass. Even a compact sedan weighs well over 2,500 pounds. When momentum is multiplied by speed, the force is sufficient to cause great bodily injury or death.
• Velocity. A car traveling just 20 mph can deliver a crushing impact. At freeway speeds, the destructive potential is obvious and often fatal.
• Control. Because a driver can direct a vehicle toward a specific target, the law views it similarly to pointing and discharging a firearm. In People v. Golde (2008) 163 Cal.App.4th 101, the court affirmed an ADW conviction where the defendant intentionally accelerated toward an estranged spouse.

Assault with a deadly weapon using a car is not confined to incidents involving pedestrians. Intentionally ramming or sideswiping another vehicle, forcing a car off the roadway, or even attempting to “brake-check” someone at high speed can all supply the necessary elements. The key question is intent: Did the driver act willfully, knowing the natural and probable consequences, and possess the present ability to inflict force?

Los Angeles prosecutors have several charging options when violence occurs behind the wheel, each requiring different proof:

• DUI Causing Injury (Vehicle Code § 23153). Focuses on impairment, not intent. A DUI that causes injury is a “wobbler” and can be filed as a misdemeanor or felony, but it is not necessarily a strike offense.
• Felony Hit & Run (Vehicle Code § 20001). Requires a driver to have left the scene after an accident that resulted in injury or death. Intent to injure is not needed.
• Vehicular Manslaughter (Penal Code §§ 191.5 & 192(c)). Applies only when an unlawful act or negligence leads to a fatality. Again, no intent to kill or injure is necessary.
• Assault with a Deadly Weapon (§ 245(a)(1)). Centers on intentional conduct that is likely to cause great bodily harm. Because it is categorized as a “violent felony” strike under the Three-Strikes Law, it is often the most severe of the available charges absent an actual homicide.

• Base Felony Sentencing. A conviction for ADW with a vehicle carries a triad of 2, 3, or 4 years in California state prison, up to a $10,000 fine, and formal probation terms that typically include anger-management classes, restitution to all victims, and a lifetime driver’s license revocation.
• Strike Consequences. Because ADW is a violent felony strike, a first-time conviction not only subjects you to prison but also doubles the sentence for any future felony strike and makes you ineligible for alternative sentencing such as county jail or probation in subsequent cases.
• Great Bodily Injury Enhancement Penal Code § 12022.7. If the alleged victim suffers “great bodily injury” (GBI), prosecutors will almost certainly add the GBI enhancement, which carries an additional and consecutive 3, 4, or 5 years in prison. Importantly, the enhancement is also a strike, exposing a defendant to multiple strikes from a single incident.
• Prior Strike or Serious Felony Enhancements. The sentence can be doubled if you already have a strike on your record. Two prior strikes can place you in Twenty-Five-to-Life territory under § 667(e)(2).

• Driver’s License. The DMV will revoke the defendant’s driving privileges. This is a lifetime revocation for a felony conviction of assault with a deadly weapon (vehicle) under California Vehicle Code section 13351.5.
• Civil Liability. Victims often file personal-injury suits simultaneously. A criminal conviction makes civil recovery almost automatic under collateral estoppel principles.
• Immigration. Non-citizens face adverse immigration consequences because ADW is classified as a crime involving moral turpitude and a violent felony.
• Professional Licensing. Doctors, pilots, and even commercial drivers can lose licensure.

The Los Angeles County District Attorney and City Attorney have specialized units that handle vehicular assault and road-rage crimes. Their evidence typically includes:

• Eyewitness Testimony. Occupants of the victim vehicle, pedestrians, or commuters who saw the incident.
• Surveillance and Dash Cam Footage. Many freeway exchanges, intersections, and even private vehicles carry cameras that capture the entire event.
• Traffic Collision Reports. LAPD and CHP accident reconstructions are critical in demonstrating speed, trajectory, and intent.
• Defendant Statements. Admissions or hostile remarks at the scene can supply the element of intent. Never volunteer statements without counsel present.

• Lack of Intent. The prosecution must prove a willful act. You did not act intentionally if you swerved to avoid debris, lost traction in wet conditions, or experienced a medical emergency (e.g., seizure, syncope). Expert testimony from an accident reconstructionist can demonstrate the unintentional nature of the maneuver.
• Self-Defense or Defense of Others. California recognizes that a driver may use proportional force, including a vehicle, to escape imminent harm. If another motorist or pedestrian is attacking your car, boxing you in, or brandishing a weapon, evasive action that unintentionally contacts the aggressor may be legally justified. The key is immediacy and proportionality.
• Mistaken Identity. In crowded traffic, witnesses often confuse vehicles of similar make or color. A thorough investigation into surveillance footage, license plate readers, and phone GPS data can establish an alibi.
• Factual Impossibility / No Present Ability. If the engine stalled or the vehicle could not move because of mechanical failure, there was no “present ability” to apply force, defeating an essential element of § 245(a)(1).
• Insufficient Evidence of a Deadly Weapon. Although cars generally qualify, specific factual scenarios, such as a slow-moving bumper-to-bumper nudge, may not rise to likely GBI. Skillful cross-examination can highlight the absence of serious risk.
• Police Misconduct / Suppression Motions. Illegal traffic stops, Miranda violations, or coerced statements can result in the exclusion of key evidence, sometimes forcing the District Attorney to reduce or dismiss the charges.

• People v. Russell (2005) 129 Cal.App.4th 776 – Upholds ADW where defendant deliberately hit the victim with a truck during an argument.
• People v. Claborn (1969) 272 Cal.App.2d 42 – Reverses conviction where evidence showed only negligent, not intentional, driving.
• People v. Aznavoleh (2012) 210 Cal.App.4th 1181 – Explains that intent can be inferred from accelerating toward another car during a dispute.

These cases demonstrate the fine line between negligent driving and an intentional vehicular assault.

Road-rage cases move quickly. Within hours of an arrest, police hand over their reports to prosecutors who decide whether to file felony charges. Early intervention by defense counsel can sometimes reduce a strike felony to a misdemeanor or divert the matter into an anger-management or mental-health program. At Kraut Law Group Criminal & DUI Lawyers, Inc., we routinely:

• Collect and Preserve Exculpatory Evidence. Dash-cam footage can be overwritten in as little as 24 hours.
• Engage Accident Reconstruction Experts. Objective science often contradicts subjective eyewitness impressions.
• Negotiate With Filing Deputies. Prosecutors appreciate early, well-documented mitigation showing a lack of intent or provocation by the alleged victim.
• Seek Mental-Health Diversion. California’s Mental Health Diversion statute (Penal Code § 1001.36) can provide dismissal for qualifying defendants whose actions were linked to treatable conditions like PTSD or bipolar disorder.

• Freeway Camera Networks. Caltrans cameras along the I-5, I-10, and 405 are increasingly requested in discovery to corroborate or refute allegations.
• Targeted Enforcement Periods. LAPD’s “Vision Zero” initiatives often coincide with holiday weekends, leading to heightened patrols and aggressive charging decisions.
• Jury Pool Dynamics. Los Angeles jurors tend to experience traffic frustrations and empathize with vulnerable road users such as cyclists and pedestrians.

Attorney Michael Kraut is a former Deputy District Attorney who spent 14 years prosecuting serious felonies in Los Angeles before founding Kraut Law Group Criminal & DUI Lawyers, Inc. His insider understanding of the DA’s policies enables our firm to anticipate the government’s strategy, attack weak points, and press for dismissals or reduced charges. We maintain relationships with leading accident reconstructionists, biomechanical engineers, and forensic toxicologists who can dismantle overzealous interpretations by law enforcement.

• Immediate Investigation. We. We dispatch investigators within hours to photograph the scene, secure video, and interview defense witnesses.
• Strategic Pre-Filing Conferences. A cogent, well-documented narrative delivered to the filing Deputy DA can avert a felony strike charge altogether.
• Aggressive Motion Practice. From Pitchess motions to suppress evidence under Penal Code § 1538.5, we litigate forcefully to narrow the case before trial.
• Trial Readiness. While many cases resolve favorably short of the courtroom, prosecutors know we are prepared to present a compelling defense to a jury if necessary.

If you or a loved one has been arrested or is under investigation for assault with a deadly weapon involving a vehicle, time is of the essence. Contact Kraut Law Group Criminal & DUI Lawyers, Inc. for a no-obligation case evaluation. We serve clients across Los Angeles County, from Downtown to Van Nuys, Long Beach to Pasadena.

Kraut Law Group Criminal & DUI Lawyers, Inc. 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028

Available 24/7 at 888-334-6344 or 323-464-6453. Or through our secure online contact form.