Due to the recent ICE protests in Los Angeles, tensions between drivers and demonstrators rose sharply, raising a significant question. Can a driver of a vehicle be arrested and charged with a crime for hitting a protester?
Drivers in California must understand that if they hit a protester, they may face arrest and criminal charges, regardless of the protester's actions or intent. The potential severity of these charges and penalties, which can significantly impact their lives, is always contingent on the specific circumstances of the incident, such as the driver's intent, the level of negligence, and whether the driver was acting reasonably to protect themselves.
If a car driver intentionally hits a protestor, they could face severe criminal charges such as assault with a deadly weapon or attempted murder, depending on the severity of the injuries. These charges carry significant penalties, emphasizing the serious consequences of such actions.
Conversely, suppose the driver's actions were negligent, such as failing to pay attention while driving through a protest area. In that case, they could face charges such as misdemeanor vehicular manslaughter.
Notably, drivers are legally permitted to use reasonable force to defend themselves if they reasonably believe they are in immediate danger of injury or death, such as when they pose a clear and present threat.
However, the use of force must be proportionate to the threat. Reasonable force refers to the amount of force necessary to protect oneself from the perceived threat, and immediate danger means a situation where there is a clear and present threat of injury or death.
Civil Liability
California also has laws that protect drivers from civil liability if they injure or kill a protester who is illegally in the street and obstructing traffic. This legal protection, however, does not grant drivers immunity from criminal prosecution; it does, however, provide a level of reassurance, helping drivers feel more secure in their legal rights.
It's crucial to acknowledge that protesters also have legal obligations. If they intentionally block traffic or engage in violence, they could face arrest and criminal charges.
This understanding is equally important in ensuring a balanced perspective on the issue, which is crucial for a fair legal process. This emphasis on fairness can help readers feel the need for a balanced approach to these situations.
Common Crimes Filed For Hitting a Protester with a Vehicle
Various California crimes may be charged for striking a protester with a vehicle. Let's explore some of the more common charges that the District Attorney may file, providing a comprehensive understanding of the potential legal implications.
After an incident, the police will investigate, and if they believe a crime has been committed, they will forward the case to the District Attorney's office. The DA will then decide whether to file charges based on the evidence and the law.
If charges are filed, the case can proceed to trial, where the prosecution will present its evidence, and the defense will have the opportunity to present its case in response. The trial will determine the driver's guilt or innocence, and if found guilty, the court will impose a sentence. Below are some of the most common criminal charges:
- Assault with a Deadly Weapon (PC 245(a)(1)). If a driver intentionally uses their vehicle to strike or even attempt to strike a protester, they could be charged with assault with a deadly weapon. A car is classified as a deadly weapon when used in this manner. This charge applies even if contact with the protester does not result in serious injury. A conviction carries a penalty of up to four years in prison, and the penalties increase if the act causes significant bodily harm.
- Aggravated Battery (PC 243(d)). Battery charges apply when a driver uses willful force that causes significant physical injury to a protester, even with no intent to kill. The charge can be classified as a felony, and the penalties include imprisonment for up to four years.
- Reckless Driving (VC 23104). Reckless driving charges can be filed when prosecutors are less certain about proving willful intent but can show that the driver demonstrated disregard for safety with their vehicle, resulting in injury. This could include situations where a driver enters a crowd of protestors at high speed without necessarily intending harm. Any injuries will elevate the penalties.
- Hit and Run (VC 20001). Failing to stop after hitting a protester can lead to hit-and-run charges. California law requires drivers involved in accidents causing injury or fatality to stop, provide information, and render aid. Fleeing the scene is a criminal offense punishable by up to four years in prison and substantial fines.
- Attempted Murder (PC 664/187). Drivers accused of intentionally using their vehicle to harm or kill someone may face attempted murder charges. However, prosecutors must prove specific intent to kill, which could be inferred from actions such as accelerating toward a crowd or targeting individuals. A conviction carries up to life imprisonment with the possibility of parole.
- Attempted Voluntary Manslaughter (PC 664/192(a)). This charge might apply when a driver acts in the heat of passion or under the influence of provocation. For example, if a driver surrounded by protestors panics, speeds up, and injures someone, prosecutors might argue that their actions lacked malice but were still unlawful. Conviction of this felony can result in a prison term of up to five years.
- Vehicular Manslaughter (PC 192(c)). If a protester is killed as a result of being struck, and the driver acted with negligence, vehicular manslaughter charges may follow. Gross negligence may result in a prison term of up to six years, while ordinary negligence may lead to a misdemeanor charge, carrying a maximum penalty of up to one year of imprisonment.
- Hate Crime Enhancements (PC 422.55, 422.75). If evidence suggests that a driver targeted protestors based on their race, religion, or political beliefs, hate crime enhancements may be added to the underlying charges. These enhancements increase the severity of penalties and reflect the state's stance against crimes motivated by prejudice or bias.
What are the Best Defenses?
While the charges listed above cover a range of potential scenarios, it's essential to note that the driver's intent plays a crucial role in how these cases are prosecuted. For instance, proving attempted murder requires evidence of deliberate intent to kill, while reckless driving relies on demonstrating disregard for safety.
Our skilled California criminal defense attorneys can thoroughly review the facts of a case, challenge the prosecution's allegations of intent, and present mitigating circumstances to minimize the risks of conviction and severe penalties for the driver.
Mitigating circumstances are factors that, while not justifying the driver's actions, can help explain or reduce the severity of the offense. These could include the driver's lack of intent to harm, their reasonable belief that they were in danger, or their immediate remorse and efforts to assist the injured party.
For instance, if the driver was trying to escape a violent mob and accidentally hit a protester, this could be considered a mitigating circumstance.
Each incident is evaluated based on its facts and circumstances. It's important to remember that the prosecutor must prove beyond a reasonable doubt that the driver committed a crime.
This means that the evidence must be so strong that there is no reasonable doubt in the mind of a reasonable person that the driver is guilty. The burden of proof is high, and a driver can be found not guilty even if they hit a protester if there is a reasonable doubt about their guilt.
For more information and expert legal advice, contact our criminal defense law firm, Cron, Israels & Stark, located in Los Angeles, CA. We are here to guide you through the complexities of these legal issues.
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