In Weld County, when there is a traffic accident that seriously injures a person due to Reckless Driving or Driving Under the Influence, the person who caused the accident could be charged with a Vehicular Assault Charge. A police officer in Denver was recently accused of Vehicular Assault when his vehicle and another were traveling the wrong way down a street and the officer’s vehicle crashed into an oncoming car. The driver in the oncoming car sustained substantial injuries and required surgery. If the police officer is found to have been driving recklessly in causing the serious bodily injury to the other driver, then he could be convicted of a Vehicular Assault charge. In most cases though, police are not charged for driving crimes while they are acting in the performance of their duty.
Definition of Vehicular Assault, C.R.S. 18-3-205, in Greeley, Colorado
The definition of the Vehicular Assault, C.R.S. 18-3-205, in Greeley is:
The police officer in the above story could be charged under (a) if he is found to have recklessly driven down the wrong side of the street. It is important to note that Reckless Vehicular Assault is charged with less severe penalties than DUI Vehicular Assault, although both are felonies that have lengthy time in prison and hefty fines.
What is the Definition of Serious Bodily Injury in Weld County Court?
In C.R.S. 18-1-901, Serious Bodily Injury is defined in Weld County as:
The victim in the example above would qualify as Serious Bodily Injury because of an injury to their leg that required surgery.
In Greeley, Colorado What are the Penalties for Vehicular Assault?
In Greeley Court, there are two different types of convictions for Vehicular Assault. The first is Reckless Vehicular Assault and the second is DUI Vehicular Assault. Reckless Vehicular Assault is a class 5 felony, with penalties which include a prison sentence of 1 to 3 years, a fine of $1,000-$100,000, and mandatory 2-year parole. DUI Vehicular Assault is a class 4 felony, with potential penalties of 2 to 6 years in the Colorado Department of Corrections, fine of $2,000 to $500,000, and mandatory 3-year parole.
Defenses to Vehicular Assault in Weld County
Hiring Weld County’s leading lawyers to study your case and get you the best possible outcome is vital. Here are some defenses that could be used in a Vehicular Assault case:
- The accident was not caused by Reckless Driving or DUI.
- The defendant was not actually driving.
- The victim did not have serious bodily injury.
If you are being accused of Vehicular Assault in Greeley or Weld County, call the O’Malley Law Office for help today. Dial 970-616-6009 to speak with an experienced criminal defense lawyer in the Greeley and Weld County area. Together, we can protect your future.
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