Vehicular assault charges are filed when a person — a passenger in your car, a person in another car, a cyclist or even a pedestrian — has been injured as a result of your alleged reckless or drunk driving. While serious in nature and potentially damaging to your reputation and livelihood, vehicular assault charges can be associated with both a criminal and civil case, both of which can result in significant legal and financial penalties.
Vehicular Manslaughter
The crime of vehicular manslaughter refers to the unlawful killing of another person with a motor vehicle. Similarly to other types of manslaughter, a person does not need to have the intent to cause any harm, but rather must have been driving illegally. In order to find someone guilty of vehicular manslaughter, the state must show that the defendant was driving recklessly, which can include driving under the influence of drugs or alcohol.
The potential consequences of a vehicular manslaughter case include:
- Fines
- Restitution
- Incarceration
- License suspension or revocation
- Community service
In addition to these legal consequences, a vehicular manslaughter conviction may have collateral consequences as well. These consequences can include things like the inability to secure certain kinds of employment or the loss or denial of a professional license. Many of these consequences may be unforeseen, and could come up several years after a conviction.
Vehicular Assault Charges And Possible Penalties
As with vehicular manslaughter charges, charges of vehicular assault will greatly depend on whether or not the accused was allegedly drinking and driving at the time of the accident in question. Depending on this factor, vehicular assault charges may be filed as a:
- Class 4 felony when DUI charges are also alleged. These charges can carry prison sentences of between one and 12 years, as well as hefty fines and three years of mandatory parole.
- Class 5 felony when reckless driving without DUI charges are alleged. These charges can carry prison sentences of six months to six years, as well as expensive fines and a mandatory two-year parole term.
Protecting The Rights Of The Accused
Some of the possible defense arguments our attorneys have victoriously used in the past have included (but are not limited to):
- Poor road conditions such as lack of lighting, dysfunctional signals and lack of signage
- Objects or animals in the roadways
- Poor weather conditions
- The other party failing to comply with traffic laws
Contact A Denver Criminal Defense Attorney Today
Our Denver criminal defense attorneys strongly urge the accused to learn more about their legal rights. For a FREE, no-obligation evaluation of your case, contact Flesch Law today by emailing us or calling (303) 806-8886.