A vehicular assault charge in Washington State is a Class B felony. Beyond your license being taken away, you can face up to 10 years in prison, $20,000 in fines, a permanent criminal record, and consequences for your job, housing, immigration status, and gun rights. These charges can be reduced or dismissed with an attorney who knows how to challenge the evidence, causation, and injury threshold.
One terrible decision, and you’re staring down a felony charge that could take years of your life, tens of thousands of dollars, and your freedom.
LaCross Law lays out what a vehicular assault charge actually means, what the penalties look like, what else you stand to lose beyond jail time and fines, and what you can do right now to protect yourself.
What Is Vehicular Assault in Washington State?
Under RCW 46.61.522, Washington State defines vehicular assault as operating a vehicle in a way that causes substantial bodily harm to another person in one of three specific situations:
- DUI: Driving while under the influence of alcohol or drugs.
- Reckless driving: Recklessly driving with willful disregard for the safety of people or property.
- Disregard for safety: Driving in a way that showed a general disregard for the safety of others.
Each of these pathways leads to a different charge level and a different set of potential penalties. Which one applies to your case shapes everything about how it gets prosecuted and how your attorney will step in to defend you.
Vehicular assault in Washington is a felony, so it’s prosecuted aggressively.
Vehicular Assault Penalties in Washington State
If you’re charged with vehicular assault, you are looking at a Class B felony, which means the following in Washington:
- Up to 10 years in state prison
- Fines up to $20,000
- Suspension of your driver’s license or total revocation
- Possible ignition interlock device requirement when your license is reinstated
- A permanent felony conviction on your record
The actual sentencing depends on your prior criminal history, the specifics of the accident, the severity of the victim’s injuries, and how those conditions are all classified under the state’s Sentencing Reform Act.
The Penalties Nobody Talks About
On top of jail time and fines, here’s what a vehicular assault conviction in Washington can also mean:
- Permanent criminal record: Background checks for jobs, housing, professional licenses, and more will show your felony.
- License suspension or revocation. Under RCW 46.20.285, the Washington DOL revokes a driver’s license for one calendar year when they’re convicted of vehicular assault. This time doesn’t start until you’re released from confinement.
- Skyrocketing insurance costs. Your auto insurance premiums will increase dramatically, even after your license is reinstated (if you actually manage to get insured at all).
- Immigration consequences. A felony conviction can affect the status of your visa, green card, or path to citizenship, so you’ll need to follow up with your attorney quickly to avoid unknowingly breaking the rules.
- A civil lawsuit. The criminal case and the civil case are separate, which means that even if your criminal case resolves favorably, the injured person or their family can still sue you for damages.
- Loss of gun rights. A felony conviction in Washington State strips you of your right to possess firearms.
How Vehicular Assault Cases Get Filed in Kitsap County
Felony vehicular assault cases are typically filed in Kitsap County Superior Court. After you’re arrested, the prosecutor’s office quickly reviews everything from the police report to any BAC or toxicology results, accident reconstruction findings, witness accounts, and medical records documenting the victim’s injuries.
The sooner you have an experienced criminal defense attorney working your case, the more options you have.
Can Vehicular Assault Charges Be Reduced or Dismissed?
In some cases, yes, because a charge is not a conviction. The state has to prove every single part of your crime beyond a reasonable doubt, and with the right attorney, there are real, legitimate ways to challenge vehicular assault charges in Washington.
David LaCross has spent decades doing exactly this in Kitsap County courts. Here is how he approaches these cases:
- Challenge the BAC evidence: David is certified in field sobriety testing, crime lab processes, and blood testing procedures. That means he knows how these tests are supposed to be conducted (and how often they aren’t). A contaminated sample or miscalibrated breathalyzer can undermine the prosecution’s entire DUI theory.
- Dispute causation: The prosecution must prove your driving caused the injury. Road conditions, vehicle malfunctions, and the actions of other drivers can all be contributing factors that complicate that proof.
- Question the injury threshold: Vehicular assault requires proof of substantial bodily harm, like a fracture, meaningful disfigurement, or significant loss of bodily function. Bruising and soreness don’t cut it, so if the documented injury falls short of that legal definition, the charge against you can’t hold.
- Challenge witness accounts. Eyewitness testimony is unreliable, especially in high-stress, chaotic situations like serious accidents. Inconsistencies in witness statements can be one of your strongest defenses.
- Constitutional challenges. Was the stop lawful? Was evidence collected properly? Were your rights protected throughout the process?
None of this is about finding loopholes. Instead, it comes down to making the state prove what it says it can prove, the way the law demands.
What to Do If You Are Facing Vehicular Assault Charges in Washington
While every case is different, there are a few steps that tend to matter the most in the hours right after an arrest:
- Don’t speak to police or investigators. You have the right to remain silent, so use it. Anything you say, even something that seems innocent, can be used against you.
- Don’t contact the other party. Any communication with the injured person or their family can be used against you later on.
- Don’t post anything on social media. Photos, check-ins, and comments can all be used against you by the prosecution.
- Write down everything you remember as soon as possible. Sometimes your memories fade quickly when the stakes are high, and you’re stressed out.
- Call an attorney immediately before discussing the details with anyone.
Hire Esteemed Vehicular Assault Defense Attorneys in Kitsap County
You don’t need to understand the legal system to call us. David LaCross, named the Best Attorney in Kitsap County, has spent decades fighting for people facing serious charges in Kitsap County and across Washington State. Our other leading attorney, Greta Coleman, was nominated for Best Lawyers: Ones to Watch by her peers.
Not everyone reading this was the one charged. Sometimes our clients are worried parents calling on behalf of their child who’s made a serious mistake, a spouse with questions about how to protect their partner, or a sibling who just got a terrifying phone call.
We’ll explain everything in plain language and stand by your family through everything that’s to come. Send a message or call us at 360-447-9365.
Frequently Asked Questions About Penalties for Vehicular Assault in Washington State
1. Is vehicular assault a felony in Washington State?
Yes. Vehicular assault is charged as a Class B felony in Washington, which means you might be in for 10 years of state prison time, not just a county jail sentence. These convictions stay on your record permanently.
2. What is the penalty for vehicular assault in Washington?
A Class B felony conviction can result in up to 10 years in prison and fines up to $20,000. These are the maximum limits, but actual sentencing depends on your specific case and whether you have a prior record, among other factors.
3. What is the difference between vehicular assault and vehicular homicide in Washington?
Vehicular assault involves causing serious bodily injury to another person. Vehicular homicide involves causing someone’s death. Both are felonies, but vehicular homicide naturally carries significantly harsher penalties. If the victim of your actions is injured but later dies as a result thereof, the charges against you can still be upgraded.
4. Can vehicular assault charges be dropped or reduced in Washington?
Yes, in some cases. Charges can be challenged, reduced, or dismissed depending on the evidence, how the arrest was handled, and whether the prosecution can actually prove every element of the crime.
5. Do I need a lawyer if I am charged with vehicular assault in Washington?
Absolutely, and you need one now. This is a felony charge with life-altering consequences, so speaking to police, prosecutors, or insurance companies without an attorney could cost you the case. Remember, the more you say, the more you have to defend later.
6. What should I do immediately after being charged with vehicular assault in Kitsap County?
Contact your attorney at 360-447-9365, and write down everything you remember about the incident. Most importantly, don’t say anything to anyone, including your spouse or family members, until you’ve spoken to your attorney at LaCross Law.
