Vehicular Assault Defense Attorney in Colorado
Vehicular Assault in Colorado Requires Aggressive Representation.
Alcohol and drug-related driving offenses can be complicated if there is a car accident. If the car crash results in serious bodily injury, a defendant can be charged with vehicular assault. Vehicular assault is a serious felony offense in Colorado. It requires an aggressive DUI Defense Attorney to get the best outcome for your case.
If you are accused of vehicular assault, you are facing serious penalties and need a vehicular assault defense attorney. You may face prison, jail, loss of driving privileges, restitution, and more. If you’ve been arrested and charged with vehicular assault, contact our Vehicular Assault Defense Attorney.
Lain Lawrence is the dui lawyer you need to protect your future. He regularly represents clients in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area.
What Is the Legal Definition of Vehicular Assault?
Vehicular assault is defined by the Colorado Revised Statute as driving in a reckless manner which causes serious bodily injury to another person. It is also operating a motor vehicle under the influence of drugs or alcohol and an accident.
Driving under the influence is the operation of a motor vehicle while under the influence of alcohol or drugs. You have to be impaired to the point that your ability to drive is substantially impaired. You blood alcohol must be over .08.
The accident must result in serious bodily injury. This is a strict liability crime. A person does not have to intend for the accident to happen or to cause serious bodily injury.
The car accident must be the defendant's fault. An accident can happen in a variety of ways. For a vehicular assault to be charged, a defendant must have caused the accident.
If you are hit from behind, you are not at fault and cannot be charged with vehicular assault. You may still be charged with driving under the influence.
It does not matter who is injured as well. You could hit a pedestrian or injury someone in your own vehicle. There is also no comparative fault.
Comparative fault looks at ways an injured party could have contributed to an accident. If you passenger was not wearing a seat belt, that would not alleviate of criminal liability.
What Is Serious Bodily Injury?
Serious bodily injury means injury that involves a substantial risk of death or a substantial risk of serious permanent disfigurement. It also includes injuries that have a substantial risk of protracted loss or impairment of the function. This type of injury can also be breaks, fractures, or burns of the second or third degree. The definition of serious bodily injury can be found in the Colorado Revised Statutes.
In laymen’s terms, this is an injury that involves a break or significant likelihood of scaring. Police will be required to get a certification from a medical provider that serious bodily injury occurred. The injury must also be caused by the accident.
The actions of the defendant will typically not impact the case either. For example, a victim can be seriously injured if they do not wear a seat belt. A victim's actions in that case contribute to the injuries. It is not relevant to the determination of cause of injury in Colorado.
What is the Punishment for Vehicular Assault in Colorado?
Vehicular assault involving a DUI is a class 4 Felony. This means it is punishable by 2-6 years in prison and/or a fine of up to $500,000. A vehicular assault involving reckless driving s a class 5 Felony. This is punishable by 1-3 years in prison and a fine of up to $100,000.
These types of crimes are also punishable by probation. Probation would require a defendant to complete level 2 alcohol classes, community service, and monitored sobriety. This would require a defendant to complete DUI probation, and it very likely would also include a punitive jail sentence. A felony offense can include up to a 90-day jail sentence as a condition of probation
You could also be required to pay restitution. Restitution is a requirement that you pay for any financial loss that your criminal conduct caused. This would include any property damage or medical bills. Restitution is in addition to any fines or costs.
If you were insured at the time of the vehicular assault, your insurance should cover the damages. A Vehicular Assault DUI Defense attorney will work with your insurance company to limit your out-of-pocket expenses.
A vehicular assault will also have a secondary case involving license suspension. If you are accused of DUI Colorado's Express Consent can result in a driver's license suspension. A conviction for the crime of vehicular assault can also result in a revocation. A DUI attorney can assist you with your license.
If You Are Charged with Vehicular Assault, Speak with a Vehicular Assault Defense Attorney Today
If you are facing a charge of vehicular assault, you are looking at prison time. These types of cases involve serious injuries, and judges and district attorneys treat them very heavy handily. It is important to get an experienced assault defense attorney to look at the facts of your case. It is important to have a strategy to move forward.
We’re open during regular business hours, but we will stay late or be available on weekends if necessary. Schedule a free consultation. Attorney Lawrence is ready, willing, and able to discuss and defend you against any vehicular assault charge. You can request a consultation through the website or call us directly.
Vehicular Assault Defense Attorney Helping Clients in Aurora, CO
Vehicular Assault is a felony level charge that requires a skilled litigator. Our firm handles all forms of DUI litigation, and we can provide the guidance, representation, and support help you through this time. We represent clients throughout Aurora, Denver, Parker, Castle Rock, Arapahoe County, Douglas County, and Adams.