Understanding the Impact and Defenses for Vehicular Assault Charges
Accidents happen. A momentary lapse in judgment behind the wheel doesn’t make you a criminal—but when someone is injured, you could find yourself facing serious felony charges.
Vehicular assault in Washington State is a Class B felony, punishable by up to 10 years in prison and $20,000 in fines. Beyond the legal penalties, a conviction can have life-altering consequences.
At Knauss Law, we know the stakes are high. With decades of combined experience, our team of former prosecutors brings unparalleled insight to your defense. If you’ve been charged with vehicular assault, we’re here to fight for you.
What Is Vehicular Assault in Washington?
In Washington State vehicular assault is defined as causing “substantial bodily harm” to another person while:
- Driving under the influence of alcohol or drugs (DUI);
- Driving in a reckless manner; or
- Driving with disregard for the safety of others.
What is “Substantial Bodily Harm”?
The law in Washington defines "substantial bodily harm" as injuries that involve:
- A temporary but substantial disfigurement;
- A temporary but substantial impairment of a bodily part or organ; or
- A fracture of any body part.
This broad definition means that injuries like broken bones, deep lacerations, or concussions often meet the threshold for vehicular assault—even if they aren’t life-threatening.
Key Points to Understand About Vehicular Assault Charges
1. Prosecutors Tend to Overcharge
Prosecutors often file the most severe charges possible, especially in cases where they suspect there is a DUI or reckless driving. Without strong representation, you may face excessive charges that will be reflected, of course, in sentencing.
2. Passengers’ Wishes Don’t Impact the Case
If a passenger is the injured party and they don’t wish to press charges, the decision is out of their hands – whether or not to prosecute is solely up to the prosecutor. This means that, in many cases, victims’ preferences are ignored in favor of pursuing felony charges.
3. Uncertainty Surrounds the Truth
Until we all have self-driving cars or our every trip is fully documented with video and statistics, there will always be gaps in determining exactly what happened in an accident. Car crashes are, obviously, unexpected, they come out of the blue, happen in an instant, and are difficult to document beyond gaining a basic understanding of what happened and in what sequence. This uncertainty seldom stops the police and prosecution from looking at the incident in the worst possible light and charging accordingly. It is, then, vital to have an experienced defense attorney who can challenge the police and prosecution’s narrative.
Penalties for Vehicular Assault in Washington
Vehicular assault is a Class B felony, and penalties depend on the circumstances of the case and your criminal history:
- Prison Sentence: Up to 10 years
- Fines: Up to $20,000
- Driver’s License Suspension
- Collateral Consequences: Loss of gun rights, high-risk auto insurance, difficulty finding housing or employment after a conviction
If the case involves DUI, you may also face mandatory installation of an ignition interlock device, alcohol or drug treatment programs, and other penalties.
How We Build Your Defense
At Knauss Law, we know every vehicular assault case is unique. Our approach involves thorough investigation, aggressive advocacy, and strategic negotiation. Here’s how we fight for you:
- Challenging the Evidence
- We scrutinize witness statements, accident reports, and police testimony for inconsistencies.
- We examine the legality and accuracy of breath and blood tests.
- We review medical records to determine whether injuries meet the “substantial harm” threshold.
- Independent Investigation
Prosecutors often rely on one-sided accounts from police and their own accident “experts.” We work with independent investigators and reconstruction specialists to uncover the truth.
- Unraveling Associated Charges
Vehicular assault cases are often accompanied by charges like DUI, reckless driving, or hit-and-run. Successfully contesting these charges can weaken the overall case and lead to reduced penalties—or even dismissal.
Potential Defenses to Vehicular Assault Charges
- You Were Not Reckless or Impaired: Proving that your driving didn’t rise to the level of recklessness or impairment can undermine the prosecution’s case.
- Causation is Unclear: If the injuries weren’t directly caused by your actions, the charges may not hold.
- Procedural Errors: If your rights were violated—such as during blood tests or police questioning—we’ll move to suppress evidence.
- Constitutional Violations: Any illegal search, seizure, or arrest can provide grounds to challenge the case against you.
What’s at Stake Beyond the Courtroom
A conviction for vehicular assault affects more than your legal record. You could face long-term consequences, including:
- Job Loss: Many employers are reluctant to hire individuals with felony records. Security clearances may be impacted which in turn may lead to loss of promotion or even job.
- Professional License Revocation: Careers in healthcare, education, law or other licensed fields may be jeopardized.
- Family Impact: Child custody or visitation rights can be negatively affected.
- Travel Restrictions: Convictions can make international travel difficult—or impossible.
Why Choose Knauss Law for Your Defense?
At Knauss Law, we’re not just experienced defense attorneys—we’re tireless advocates for our clients. Our team of former prosecutors knows how the state builds its cases, and we use that knowledge to your advantage. Here’s what sets us apart:
- Comprehensive Defense Strategies: We leave no stone unturned in challenging the prosecution’s case.
- Client-Centered Representation: We prioritize your rights, freedom, and future in every decision we make.
- Proven Results: Our history speaks for itself.
Take Control of Your Defense Today
If you’ve been charged with vehicular assault, time is of the essence. Contact Knauss Law today for a confidential consultation. We’ll review your case, explain your options, and start building a defense designed to secure the best possible outcome.
425-300-5566