Aperson is guilty of Vehicular Assault in Adams, Denver, and El Paso County, Colorado if they have caused serious physical injury to another individual as a result of operating a vehicle recklessly. Vehicular Assault is considered to be a strict liability felony if the driver was driving drunk or under the influence of another substance at the time of the assault. The driver is almost always convicted when someone is injured as a result of drunk driving.
Assault Cases Taken Seriously
Serious consequences, much like those issued in cases of assault with a deadly weapon (a car, in this instance), may be charged, depending on the seriousness of the injury to the other party. If you have been charged with Vehicular Assault in any Colorado county or contacted by the Denver police, you will need tough, experienced defense attorneys on your side. We are here to defend your case.
What is the Sentence for Vehicular Assault?
The sentence for Vehicular Assault is dependent on whether or not it was committed under the influence of drugs or alcohol. If the defendant was sober at the time of the alleged assault, it is likely that a Class 5 felony will be charged. It is a Class 4 felony if Vehicular Assault is committed while the driver is under the influence.
Class 5 Felony
Charged with a class 5 felony in Littleton, Highlands Ranch, Centennial or anywhere across Colorado if the driver was sober at the time of the alleged assault.
Class 4 Felony
Charged with a class 4 felony in Aurora, Denver, Lakewood, or anywhere in Colorado if the driver was under the influence at the time of the alleged assault.
Legal Obligation to Complete Blood Test
With Vehicular Assault charges, you are legally obligated to submit to a breath, urine, or blood test
If you are pulled over by a police officer who has cause to charge you with Vehicular Assault, you are legally obligated to agree to an analysis of breath, urine or blood at a police station or hospital. Refusing to submit to any of these mandatory tests is viewed as a refusal to agree to chemical testing, and will result in your driver’s license being suspended for at least one year – C.R.S. 42-2-126 (3). If a person agrees to testing, but then chooses not to cooperate with the administrator of the test, this is then considered a failure to submit to testing. See our DUI / DWAI expressed consent page for more information about blood tests. An officer who has cause to a charge a driver with Vehicular Assault can force the driver to take a test to detect the level and presence of drugs or alcohol, unlike in the case of a plain DUI / DWAI situation. Consulting a qualified Colorado attorney with a good understanding of Vehicular Assault is crucial, as there are many elements to the defense of this charge.
the difference in your Vehicular Assault case.
Why You Need a Lawyer for Vehicular Assault Charges
At the O’Malley Law Office, we’re committed to providing you with a sound defense in your case of Vehicular Assault in Douglas and Arapahoe County and every other county in Colorado. We’ve been defending clients successfully in these cases and other traffic crimes for 40 combined years, resulting in case dismissals, reduced sentences, and even the acquittal of our clients. Don’t be intimidated and give up hope or plead guilty to avoid charges. Instead, contact a hardworking criminal defense lawyer at our office to passionately fight for your future.
Colorado Vehicular Assault Statute – 18-3-205
“If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another, such person commits vehicular assault.
If a person operates or drives a motor vehicle while under the influence of alcohol and one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime.”