Vehicular Assault Defense in San Bernardino

Facing a 245(a)(1) Charge? Bullard & Powell, APC. Fights for You.

A vehicular assault charge is one of the most serious allegations a driver can face in California. Under Penal Code 245(a)(1), using a vehicle as a deadly weapon carries the potential for state prison time, a permanent felony record, and consequences that follow you long after the case closes. At Bullard & Powell, we represent clients charged with vehicular assault in San Bernardino and throughout San Bernardino County, and our founding partners (Jeffrey Bullard and Sarah Powell) are directly involved in every case from the first consultation to the final resolution.

Our firm brings over 30 years of combined criminal defense experience in the Inland Empire. We know the local courts, we know the prosecutors, and we prepare every case as if it’s going to trial. That preparation is what creates real leverage, whether a matter resolves through negotiation or in front of a jury.

If you’ve been charged with vehicular assault in San Bernardino, don’t wait. Call, text, or walk in to speak directly with one of our founding attorneys: (909) 771-2304.

What Vehicular Assault Means Under California Law

California doesn’t have a separate vehicular assault statute. The charge falls under Penal Code 245(a)(1), assault with a deadly weapon, because California law treats a vehicle as a deadly weapon when it’s used to cause or attempt to cause great bodily injury, meaning a significant or substantial physical injury such as broken bones, a concussion, or serious lacerations. It’s a distinct charge from a traffic accident or a DUI, and prosecutors treat it accordingly.

What the Prosecution Must Prove

Under CALCRIM 875, the jury instruction for this charge, the prosecution must prove that the defendant willfully committed an act with a deadly weapon that would directly and probably result in force being applied to another person; that the defendant was aware of facts a reasonable person would recognize as likely to result in that application of force; and that the defendant had the present ability to apply force. No physical contact or actual injury is required. The attempt or threat alone can be enough to support the charge.

Assault with a deadly weapon is a general intent crime. The prosecution must show the defendant willfully performed the act, deliberately, not accidentally, but doesn’t need to prove the defendant specifically intended to injure anyone. Accidentally striking someone with a vehicle generally doesn’t constitute vehicular assault. Common factual contexts include road rage incidents, attempts to flee law enforcement, and disputes in which a vehicle was used as a threat.

Penalties for a 245(a)(1) Conviction

245(a)(1) is a wobbler offense, meaning the prosecution can charge it as either a misdemeanor or a felony based on the severity of any injury, the circumstances of the incident, and the defendant’s criminal history. The difference in outcome is significant.

• Misdemeanor conviction: Up to one year in county jail
• Felony conviction: Two, three, or four years in state prison, a fine up to $10,000, or both
• Elevated felony (245(c)): Three, four, or five years in state prison if the victim was a peace officer or firefighter and the defendant knew or reasonably should have known

The consequences extend well beyond sentencing. A felony conviction under 245(a)(1) counts as a strike under California’s Three Strikes Law, which can substantially increase the sentence for any future felony conviction. A felony conviction also strips the right to own or possess a firearm for life; a misdemeanor conviction carries a 10-year firearm ban. For non-citizens, a felony ADW conviction can trigger deportation proceedings under federal immigration law. Driver’s license suspension or revocation is also possible depending on the outcome.

Defense Strategies for Vehicular Assault Charges

Because the charge requires a willful act, the defense strategy often begins there. We build an approach tailored to each client’s circumstances, identifying and pressing the specific legal and factual weaknesses in the prosecution’s case rather than applying a generic template.

Defenses we evaluate in vehicular assault cases include:

• Lack of intent: Showing the incident was an accident, not a deliberate act, can defeat the charge at its core
• Self-defense or defense of others: If the defendant used the vehicle to protect themselves or another person from imminent harm, self-defense may apply
• Challenging the evidence: Witness accounts, surveillance footage, police reports, and accident reconstruction are all subject to scrutiny. Inconsistencies and inaccuracies matter
• Fourth Amendment violations: If law enforcement conducted an unlawful stop or improper search, evidence obtained may be suppressible
• Reasonable doubt on the elements: The prosecution must prove every element beyond a reasonable doubt; raising doubt about intent, the nature of the force, or the defendant’s awareness may lead to acquittal or charge reduction
• Coordinated multi-count defense: When vehicular assault is charged alongside DUI, evading a police officer, or domestic violence, a unified strategy across all counts is essential

Why San Bernardino Clients Trust Bullard & Powell, APC. for Serious Felony Defense

Jeffrey Bullard and Sarah Powell don’t hand cases off. Every client works directly with one of our founding partners from intake through resolution: no junior associates, no mid-case handoffs. That consistency matters most when the stakes are highest.

Nationally Recognized Credentials

The credentials our partners hold are peer-verified and nationally recognized. Jeffrey Bullard has been named a Top 100 Trial Lawyer and Top 40 Under 40 by The National Trial Lawyers, and placed in the Top One Percent by the National Association of Distinguished Counsel. Sarah Powell holds the Martindale-Hubbell AV Preeminent Rating, the highest possible rating for legal ability and ethical standards, awarded by other attorneys and judges, and is regularly recognized as a Super Lawyer in criminal defense. These aren’t marketing badges; they reflect how the legal community regards their work.

Documented Results & Local Advantage

Our documented results speak to our trial capability in serious vehicle-related criminal matters. We secured a not-guilty verdict on vehicular manslaughter charges and a full dismissal of all felony counts in a multiple-felony case. Those outcomes required identifying weaknesses in the prosecution’s case and being willing to take the fight to a jury. We bring that same preparation and willingness to the vehicular assault cases we handle.

We also know the Superior Court of California, County of San Bernardino. Our familiarity with local judges and district attorneys isn’t incidental. It’s a resource we actively use during negotiations and proceedings. And with over 2,950 five-star reviews, clients consistently describe us as responsive, thorough, and genuinely invested in their outcomes.

Talk to a Vehicular Assault Defense Attorney Today

A vehicular assault charge in San Bernardino moves quickly. What you say, and what you don’t say, in the early stages can shape every decision that follows. The sooner you have defense counsel in your corner, the better positioned you may be to protect your rights and your future.

Bullard & Powell, APC. serves clients throughout San Bernardino and the greater Inland Empire, including Victorville. Jeffrey Bullard and Sarah Powell are directly available to new clients by call, text, or walk-in.

Contact our firm today to discuss your vehicular assault case: (909) 771-2304.