You know, there are appropriate ways to approach someone doing something wrong and inappropriate ways just the same. Sometimes our anger gets the best of us and we react poorly. But, I have never seen anything quite as crazy as this. A man was clearly upset about some photographers doing an automotive shoot on what he claimed was a private road. He actually kept calling the road his driveway throughout the conversation, but I have never seen a driveway with a double yellow line painted down the middle. The photographer calmly told the man they were on a public road and the man went ballistic. He was yelling obscenities and began driving his truck in U-turns each time coming back towards the photographer and his crew, aiming his vehicle toward the people. At various times, the crew had to jump out of the way to avoid being hit by the man’s truck. He eventually got out of his truck and knocked the photographer’s phone out of his hand. The man was identified and arrested. Had this occurred in Greeley, Erie, or Fort Lupton, he probably would have been facing Attempted Vehicular Assault and Criminal Mischief charges.
Weld County Vehicular Assault Lawyer: What is the Definition of Vehicular Assault?
The Colorado law definition of Vehicular Assault – C.R.S. 18-3-205 – is:
Now, the man did not actually cause any serious bodily injury, but his actions could be recognized as taking a substantial step toward causing someone serious bodily injuries. If the photographer had not jumped out of the way, who knows what might have happened. This is why he would be facing an Attempted Vehicular Assault charge. By adding the Attempt, it means the person took a substantial step toward committing the offense. In Weld, Morgan, and Logan County, Vehicular Assault is a class 5 felony. When the Criminal Attempt is added to a crime it, in essence, lowers the charge level. So, he would be facing a class 6 felony Vehicular Assault – Attempt.
Criminal Attempt in Weld County – A Criminal Defense Lawyer on “Substantial Step”
The definition of Criminal Attempt, C.R.S. 18-2-101, is:
(2) A person who engages in conduct intending to aid another to commit an offense commits criminal attempt if the conduct would establish his complicity under section 18-1-603 were the offense committed by the other person, even if the other is not guilty of committing or attempting the offense.
This definition supports the belief that the man’s conduct of driving erratically toward the photographer and his staff was an attempt at Vehicular Assault. You can attempt any crime if you take a substantial step toward its completion. Nearly hitting the people in the vicinity would qualify.
Have you been charged with Vehicular Assault or Criminal Mischief? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Vehicular Assault or Criminal Mischief? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Greeley Criminal Mischief Attorney: What is the Definition of Criminal Mischief?
The Colorado law definition of Criminal Mischief – C.R.S. 18-4-501 – is:
The man could be facing this charge because he hit the phone out of the photographer’s hand, causing damage. Most likely, they would consider the full value of the phone when deciding what level felony or misdemeanor Criminal Mischief to charge him with. Smart phones can be very pricey, so based on the chart below, the man would probably be looking at a class 2 or class 1 misdemeanor depending on the type of phone and its retail value.
| Class of Criminal Mischief Crime | Aggregate Damage of Property Harmed |
| Class 3 Misdemeanor Criminal Mischief | Less than $300 |
| Class 2 Misdemeanor Criminal Mischief | $300 to $749 |
| Class 1 Misdemeanor Criminal Mischief | $750 to $999 |
| Class 6 Felony Criminal Mischief | $1,000 to $4,999 |
| Class 5 Felony Criminal Mischief | $5,000 to $19,999 |
| Class 4 Felony Criminal Mischief | $20,000 to $99,999 |
| Class 3 Felony Criminal Mischief | $100,000 to $999,999 |
| Class 2 Felony Criminal Mischief | $1,000,000 or more |
If you or someone you love has been charged with Vehicular Assault or Criminal Mischief, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free consultation. Together, we can protect your future.
Image Credit: Pixabay – tpsdave