Vehicular Assault Lawyer in Dublin, CA
30+ Years on Both Sides of the Courtroom. Now Fighting for You.
A vehicular assault allegation is a serious charge that can carry years in state prison. California has no standalone “vehicular assault” statute; these cases are prosecuted under Penal Code 245(a)(1), assault with a deadly weapon, treating the vehicle itself as the weapon. The prosecution must prove you acted willfully, not just carelessly, which creates real ground for defense. At The Law Office Of Christopher A. Lamiero, Attorney Christopher A. Lamiero brings more than 30 years of criminal defense and prosecutorial experience to these charges, representing clients in Contra Costa and Alameda Counties.
If you’re facing vehicular assault charges in Dublin, California, or anywhere in Alameda County, call us for a free consultation at (925) 259-3337. We’re available 24/7.
How California Law Defines Vehicular Assault
Under Penal Code 245(a)(1), a vehicle qualifies as a deadly weapon when used to strike or threaten another person. That makes this charge fundamentally different from traffic-based offenses like DUI causing injury or reckless driving. Assault with a deadly weapon is a specific-intent crime: the prosecution must show you willfully used the vehicle in a way a reasonable person would recognize as likely to cause great bodily injury, meaning a significant physical injury such as broken bones, a concussion, or serious lacerations. An accident or a moment of careless driving generally doesn’t meet that standard.
The offense is a wobbler, meaning it can be filed as a misdemeanor or a felony depending on the circumstances and whether an injury occurred. Most vehicle-involved cases with an injured victim are charged as felonies.
Penalties for a PC 245(a)(1) Conviction
The potential consequences depend on how the charge is filed and who the alleged victim was:
- Felony conviction: Two, three, or four years in state prison and a fine of up to $10,000
- Misdemeanor conviction: Up to one year in county jail
- Three Strikes Law: A felony conviction counts as a strike, which can affect sentencing in any future case
- Peace officer or firefighter victim: Under Penal Code 245(d)(1), if the person struck was a peace officer or firefighter and you knew or should have known their status, the sentence range increases to three, four, or five years in state prison
Where Dublin Vehicular Assault Cases Are Heard
Criminal cases arising in Dublin and eastern Alameda County are heard at the Alameda County Superior Court’s East County Hall of Justice, located in Dublin. The courthouse handles both felony and misdemeanor matters and shares its building with the offices of the Alameda County District Attorney, Public Defender, and Probation Department. Attorney Lamiero has extensive familiarity with this court and the prosecutors who handle serious violent-crime cases there.
A Former Prosecutor Defending Willfulness-Based Charges
Specific-intent charges like vehicular assault are often won or lost on how the prosecution builds its evidence of willfulness. Attorney Lamiero spent nearly a quarter century as a state prosecutor handling complex, high-profile felony cases before forming The Law Office Of Christopher A. Lamiero. That background means he understands exactly how law enforcement investigates these incidents and how prosecutors construct a theory of intent from witness statements, surveillance footage, and physical evidence.
That insight shapes how we defend vehicular assault cases: identifying weaknesses in the state’s intent evidence before trial, challenging witness credibility, and evaluating whether the force involved could realistically cause great bodily injury. Our case results include dismissed Attempted Murder and Brandishing a Knife charges, reflecting our experience in serious weapon-related matters. We tailor defense strategy to the facts of the individual case. Se habla español.
Speak with a Dublin Vehicular Assault Attorney Today
A PC 245(a)(1) charge moves quickly once filed. Early intervention gives us the opportunity to review the evidence, challenge the prosecution’s intent theory, and pursue the most favorable outcome available based on the facts and circumstances of your case.
Call The Law Office Of Christopher A. Lamiero now at (925) 259-3337 to discuss your case. We offer free consultations and are available 24 hours a day, seven days a week, including for Spanish-speaking clients.
Criminal Defense FAQ
-
What is a Defense Attorney?
A criminal defense attorney is a lawyer who specializes in defending individuals, businesses and organizations accused of committing a crime. They have the knowledge to understand the laws and legal procedures related to criminal cases. A criminal defense lawyers strives to protect their client's rights and build a strong defense case against all charges.
Defense attorneys use a variety of methods to help their clients, including research and investigation, interviewing witnesses, filing motions, plea bargaining with prosecutors and advocating in court for their clients. They may also advise clients on how best to prepare for trial and present evidence that could prove innocence or legal mitigating factors. In some cases, they also negotiate with prosecutors in order to get reduced or dropped charges for their clients. As experienced professionals, criminal defense attorneys look for any weaknesses in the government's case and make sure that every aspect of the law is being followed.
By hiring an experienced lawyer, you can be rest assured knowing that your rights are protected throughout the legal process and that you will receive sound advice to help you navigate your case.
-
Should I Accept a Plea Agreement?
Most criminal cases resolve through plea deals. A plea bargain allows you to accept the penalty for a lesser offense, often keeping more serious charges off your record. Whether a plea will benefit you depends on your situation, but no one should accept a plea deal from someone who is not guilty of the crime.
Having a lawyer to counsel you on your best options is critical if you hope to avoid agreeing to a deal that is not in your best interests.
-
Will I Lose My Professional License if I Am Convicted of a Felony?
While California has passed a law prohibiting employers from asking about an applicant’s criminal history before making a job offer, this does not mean a conviction on your record will not affect your career opportunities. Many professional licensing boards have restrictions on eligibility for those who have criminal convictions.
Depending on the type of license you hold and the circumstances of your case, a conviction may negatively affect your professional future. Having an attorney on your side can improve the chances of avoiding a career-ending conviction.
-
Why Do I Need an Attorney?
After your arrest, you should waste no time seeking the counsel of an attorney who is familiar with California laws and the courts in Alameda County, Northern and Central California. You will be facing skilled prosecutors whose goal is to convict you.
Your defense attorney will have the resources to construct a defense that will give you every possible advantage to avoid a conviction of the most serious charges you face. Even a misdemeanor conviction can negatively affect your life for years. I will work to prevent that from happening.
-
What Should I Do Next?
Your first step after your arrest should be to contact an experienced criminal defense attorney. Police and investigators should not continue questioning you once you have asked for a lawyer. When you obtain legal representation from Attorney Christopher Lamiero, our firm will protect your rights and help you make the right decisions throughout the legal process.
Call (925) 259-3337 or use our online form to obtain legal counsel from an experienced criminal defense lawyer in Dublin, CA. Se habla español.
