Vehicular assault often occurs when a party inflicts injury upon another party while driving intoxicated with drugs or alcohol, driving carelessly, or driving while possessing a revoked or suspended licence. The specific circumstances surrounding vehicular assault varies from state to state, and only a few states possess an exact charge of vehicular assault. These states include New Hampshire, Ohio, Delaware, Colorado, Montana, New York, Tennessee, Washington, and Oregon. Vehicular assault is often accompanied by other various traffic offenses, such as a DUI.
There is a chance you can face a charge of vehicular assault if the police believe you inflicted injury while driving under the influence, recklessly, or carelessly, even though car accidents usually do not result in such criminal charges.
It is in your best interest to seek consultation with an experienced lawyer, like a criminal defense lawyer Phoenix AZ trusts, if you have been charged with vehicular assault in order build your case defense. Vehicular assault is often known as a serious charge, and can have consequences that include hefty fines, jail time, and even license suspension.
DUI and Vehicular Assault
When people are posed with a vehicular assault charge, many are often also charged with driving under the influence of alcohol (DUI). A driver, in some states, may be charged with vehicular assault if they were proven to be driving under the influence of alcohol or drugs while also causing injury to another party. In this instance, the driver could be hit with a DUI charge and a vehicular assault charge as separate charges.
Your blood alcohol concentration, also known as BAC, may be used to as a tool to judge whether you were operating a vehicle while under the influence if you are arrested for either a DUI or vehicular assault. It may strengthen your defense against a vehicular assault charge if you and your attorney can prove that you were not under the influence or if you are able to get said charge reduced or dismissed. This is because if you were not found to be under the influence or driving recklessly, you cannot be charged for vehicular assault.
Penalties for Vehicular Assault Conviction
Depending on the circumstances and state, vehicular assault can be charged as either a felony or a misdemeanor. Vehicular assault is often charged as felony when the associate accident results in extensive bodily energy (refers to injuries that result in loss of a limb or organ, permanent debilitation, permanent scars, and are life-threatening, such as disfiguring scars, broken bones, and injuries that demand surgery) and is defined as driving under the influence.
The sentence, when charged as a misdemeanor, can include jail for up to two years or probation. Vehicular assault is often charged as a felony and comes with heavy penalties, such as probation and a prison sentence for up to five years.
Various factors determine the sentence for such conviction, including what state the sentencing is held in, the criminal record of the defendant, how severe the injuries were, how many people were hurt, their ages, and the overall circumstances surrounding the accident.
Contact a Vehicular Assault Lawyer
Vehicular assault may lead to a jail sentence, prison sentence, or other harsh penalties and is often known as a serious charge. An associated conviction will stay on your record for your entire life, which may also make it challenging to do things such as rent an apartment, find employment, or seek qualification for benefits.
A seasoned and experienced car accident lawyer can assist you in exploring your options, build a defense, and ultimately protect your legal rights. You attorney will become your representative and will seek reduction or dismissal of the charges placed against you, or otherwise seek a desirable outcome.
Thanks to our friends and contributors from Lorona Mead for their insight into criminal defense.