When you think of a deadly weapon, a car may not be the first thing that comes to mind. Yet a car can be considered a deadly weapon in California when it is used in a way that’s capable of causing death or great bodily injury.
In a DUI situation, when a driver doesn’t have the full capacity of their senses, they can easily turn a car into a deadly weapon by causing a crash or running it into somebody. If you’re accused of attacking someone with a car as a deadly weapon, you need immediate legal representation from our Los Angeles DUI lawyers.
Here’s what you need to know about California’s definition of a deadly weapon and how cars can become one.
What Is a Deadly Weapon in California Law?
A deadly weapon is any object, instrument, or weapon that meets certain conditions:
- It is inherently deadly or dangerous, such as a handgun or assault rifle.
- It can be used in such a way that it’s capable of causing and likely to cause death or great bodily injury.
A car fits into the second definition. It is an object that can be used in a way that can cause someone’s death or injury. A prosecutor will have to prove that you intended to use your car to cause harm to make charges of assault with a deadly weapon to stick to you.
When Might a Car Be Considered a Deadly Weapon?
- Intentional Use to Harm: If you deliberately use a vehicle to hit or run over someone, the car would be considered a deadly weapon.
- Assault with a Deadly Weapon: Threatening to hit someone with a car or driving in a manner that creates a reasonable fear of imminent peril can lead to charges of assault with a deadly weapon.
- Reckless Driving: In some cases of extreme reckless driving, prosecutors may argue that the vehicle was used as a deadly weapon.
- DUI Cases: In severe DUI cases, especially those involving injuries or deaths, the prosecution might argue that the impaired driver used the vehicle as a deadly weapon.
- Road Rage Incidents: Using a vehicle aggressively during a road rage incident could result in it being classified as a deadly weapon.
- Why Is a Deadly Weapon Label Legally Important?
When a car is labeled as a deadly weapon in your case, it has legal consequences. “Assault” and “assault with a deadly weapon” are two separate charges. You will face a harsher sentence if your case involves using a vehicle as a deadly weapon.
Another important factor is California’s Three Strikes law. Certain crimes involving a deadly weapon count as a strike offense. If you get three strikes, you will receive a much longer prison sentence.
If the victim you harmed or their family sue you for damages, it will be much easier for them to win a lawsuit against you if you have a conviction of using your vehicle as a deadly weapon. This can lead to huge financial penalties and potential loss of insurance.
Do I Need to Hit Someone With My Car to Get an Assault With a Deadly Weapon Charge?
No, you do not. In the case, People v. Aznavoleh, the California Supreme Court upheld the conviction of a road racer who ran a red light and severely harmed his passengers and the driver of a minivan. Even with his passenger yelling at him to stop, the driver ran the light.
The lower court said that since there was no intent to cause harm, it couldn’t be considered a deadly weapon, but the Supreme Court disagreed. An objectively reasonable person would have known that speeding through a red light could cause death or severe injury, and the defendant ignored it.
The same thing extends to DUI driving. Your actions while drunk could get to the point of a charge of assault with a deadly weapon. A driver should know that if they drive drunk, their car could become a weapon, but many DUI drivers ignore the reasoning and get behind the wheel anyway.
What Can I Do if I’m Accused of Using a Car as a Deadly Weapon in California?
You need to get a lawyer on your side to defend against the accusation. There are some defenses that may apply to your case, and we can determine which is best for your situation and the evidence we have available.
- You lacked intent to use the vehicle as a weapon
- There was a mechanical failure
- The accident was unlikely to cause death or great bodily injury
- You were acting in self-defense or the defense of others
If you were found to be intoxicated at the time of the alleged assault, though, it will be much more difficult to defend the actions. Nevertheless, a lawyer can work with the court to get you the lightest sentence possible.
Conclusion
Cars are not deadly weapons in themselves like a firearm, but their use can turn them into deadly weapons under California law. If you’re accused of harming someone with a deadly weapon while you were driving intoxicated, you may face enhanced penalties.
If you’re facing charges involving a vehicle as a deadly weapon, it’s crucial to consult with an experienced criminal defense attorney who can help you. Contact a Los Angeles DUI Lawyer if you need help.
