Vehicular Assault Lawyer in Tacoma

Felony Defense Rooted in Pierce County & Built for Court

A vehicular assault charge under RCW 46.61.522 is a Class B felony. The stakes include years in state prison, mandatory license revocation, and in some cases, a strike offense on your record that counts toward Washington’s three-strikes threshold. At Hester Law Group, we handle vehicular assault defense in Pierce County Superior Court and have tried criminal cases across state and federal courts in Washington, Oregon, Alaska, California, Nevada, Montana, Idaho, and Arizona. Our attorneys carry 10.0 Superb Avvo Ratings, are recognized in Best Lawyers in America, and include members of the American College of Trial Lawyers. That depth of experience matters when a charge can follow you for life.

Familiarity with Pierce County prosecutors and judicial patterns is a real advantage at the pre-trial motion stage and during plea negotiations. Our team brings over 130 years of combined legal experience to each case. Free consultations are available so you can understand your options before making any decisions.

Contact an experienced vehicular assault attorney in Tacoma today for a free, confidential consultation. Call (253) 300-3034 or reach out online. We’re ready to fight for you.

Washington’s Vehicular Assault Statute: Three Prongs, Different Stakes

RCW 46.61.522 charges vehicular assault when a driver causes substantial bodily harm to another person under one of three prongs. Each prong carries different sentencing exposure, and the distinction matters enormously to your defense.

The three charging prongs:

• Reckless Manner: Operating a vehicle with willful and wanton disregard for the safety of persons or property
• Driving While Impaired: Driving while impaired by intoxicating liquor or any drug as defined by RCW 46.61.502
• Disregard for Safety of Others: Conduct greater than simple negligence but less than willful and wanton disregard

Substantial bodily harm, as defined under RCW 9A.04.110, means bodily injury involving temporary but substantial disfigurement, temporary but substantial loss or impairment of a bodily part or organ, or a fracture of any bodily part. Minor lacerations or whiplash typically don’t meet this threshold, which is one reason challenging the severity or cause of the alleged injury is a core defense strategy.

The reckless and DUI prongs are classified as strike offenses under Washington’s three-strikes law. A person convicted of three strike offenses faces life imprisonment with no possibility of early release. The disregard-for-safety prong is not a strike offense. Which prong the prosecution charges directly shapes your sentencing exposure and what’s at stake in any plea discussion.

Vehicular Assault vs. Vehicular Homicide (RCW 46.61.520)

Vehicular assault requires substantial bodily harm but not death. Vehicular homicide, governed by RCW 46.61.520, requires that the victim die as a result of the incident. That boundary can shift: if a victim dies within three years of the vehicular assault incident, the charge can be elevated to vehicular homicide, a Class A felony carrying up to life imprisonment and fines up to $50,000. Like vehicular assault, vehicular homicide under the reckless or DUI prong carries strike offense status.

Penalties for a Vehicular Assault Conviction in Washington

As a Class B felony, vehicular assault carries up to 10 years in state prison and fines up to $20,000. The actual sentence is calculated under Washington State Sentencing Guidelines based on offense severity and criminal history. Beyond the base range, several factors can push the sentence higher.

Sentencing enhancements under RCW 9.94A.533 can add significant prison time:

• Prior DUI Convictions: 24 additional months
• Offense Committed While Eluding Police: 12 additional months where a conviction for attempting to elude includes a finding of endangerment
• Child Passengers Under Age 16 in the Vehicle: 12 additional months per child passenger where the offense involves the DUI prong

Additional consequences beyond incarceration include:

• Mandatory Legal Financial Obligations (LFOs): Court costs, victim penalty assessments, and restitution for medical expenses, lost wages, and pain and suffering
• Community Custody: Generally 1 to 2 years following release, with strict conditions; violations can result in re-imprisonment
• Driver’s License Revocation: At least 2 years, longer if drugs or alcohol were involved; reinstatement requires SR-22 insurance and, where applicable, an ignition interlock device (IID)
• Mandatory Alcohol or Drug Evaluation: Required assessment and compliance with recommended treatment programs

Defense Strategies in Vehicular Assault Cases

There is no single defense that fits every vehicular assault case. The right strategy depends on the charging prong, the evidence the prosecution holds, and what happened before and after the collision. Our assault defense work in Tacoma draws on several categories of challenge.

Challenging the Statutory Elements

Prosecutors must prove substantial bodily harm. If the alleged injury doesn’t meet the RCW 9A.04.110 definition, or if causation is disputed, that element can be contested directly. Road conditions, mechanical failure, or unclear fault can also support an argument that the driver’s conduct didn’t meet the reckless or disregard standard.

Suppressing Improperly Obtained Evidence

Under Missouri v. McNeely (2013), the U.S. Supreme Court held that police must generally obtain a search warrant before conducting a nonconsensual blood draw for alcohol or drug testing. The natural dissipation of alcohol in the bloodstream doesn’t establish a per se exigency that justifies skipping that step. Blood test results obtained without a warrant may be suppressible. Pre-trial motions can also challenge the legality of the traffic stop itself or contest the chain of custody of toxicology evidence.

Plea Negotiation & Alternative Resolutions

When suppression motions and trial defenses don’t resolve the case, negotiated outcomes remain an active part of defense in Pierce County Superior Court. Depending on the facts and the defendant’s history, outcomes can range from reduced charges to alternative resolutions that preserve more of the client’s future options.

How Vehicular Assault Cases Move Through Pierce County Superior Court

Felony vehicular assault charges filed in Tacoma and throughout Pierce County are adjudicated at Pierce County Superior Court, the county’s highest-level trial court of general jurisdiction. The court’s Criminal Felony Matters division handles these cases. In qualifying situations, the Felony Drug Court and Felony Mental Health Court may offer alternative tracks worth exploring with counsel.

The procedural sequence moves through four stages:

• Arraignment: Formal charge entry and initial plea
• Pre-Trial Hearings: Motions to suppress, evidence challenges, and plea negotiations with the prosecution
• Trial: Presentation of evidence and argument to a judge or jury if no agreement is reached
• Sentencing: Sentence imposed under Washington State Sentencing Guidelines

Pre-trial motions are often where cases are decided. Suppression of key evidence, a successful challenge to the charging prong, or a procedural argument can change what the jury sees and how the case resolves. We know Pierce County Superior Court’s procedures and the tendencies of local prosecutors, and that knowledge shapes how we approach every stage.

Start Your Defense with a Free Consultation

A vehicular assault charge in Tacoma demands immediate attention. The charging prong, your criminal history, and the strength of the prosecution’s evidence all affect what’s possible, and the earlier we can assess those factors, the more options we can preserve. Hester Law Group offers free consultations so you can get direct answers about your case before committing to anything. Don’t wait to get counsel involved.

Call us at (253) 300-3034 to schedule your free consultation and take the first step toward building your defense.