Legal Question in Criminal Law in California

It's not distance or speed necessarily, although those certainly will be factors.

If an assault is done with a deadly weapon (in this case a car), and more importantly, if the DA thinks they can prove it, they can file the charge.

From the question, it sounds like the car either only moved a short distance and/or was going at a slow speed - all factors in your favor, although the entire case would need to be reviewed.

Keep in mind that if convicted of a 245 where the car is the "weapon," your driver's license will be revoked for life.

I agree with the answer provided by Mr. Dane. Distance and speed can, of course, be factors when determining the "amount or means of force likely to produce great bodily injury." However, it is not a question regarding distance and/or speed. The question relates to if the instrument, in this case an automobile, was used in a means which was likely to produce great bodily injury. If the District Attorney determines it was and/or feels they can prove such they will file charges. It really depends on the polices of the DA's office in certain counties. It is impossible to determine your exposure without knowing all the facts surrounding the incident and therefore it is impossible to give you any kind of accurate assessment of the criminal liability. You should at the very least seek an initial consultation with an attorney. Most attorneys do not charge a lot for an initial consultation and if the DA files charges or already has you will need an attorney. If you do not know any attorneys, I suggest you contact the local county bar association in your county and ask for a referral for criminal attorneys. This is a serious charge and you need a legal assessment of your situation.

Good luck,

Brian McGinity