In Weld County, when there is an accident where someone is seriously injured, the driver who is at fault could be charged with Vehicular Assault if their driving was deemed to be Reckless Driving. If you are facing the serious charges of Vehicular Assault in Weld County, it is important to hire a skilled criminal defense attorney who can help you understand the charges and get your best result. The attorneys at the O’Malley Law Office want to help you understand this charge by answering these 5 questions on Vehicular Assault:
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#1. What is the Legal Definition of Vehicular Assault, C.R.S. 18-3-205, in Colorado?
The Definition of Vehicular Assault, C.R.S. 18-3-205, in Colorado is:
(1) (a) 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.
(b) (I) If a person operates or drives a motor vehicle while under the influence of alcohol or 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.
It is important to note that Vehicular Assault only happens if a victim sustains “serious bodily injury” in an accident. If a person dies due to an accident, then the driver at fault could face Vehicular Homicide charges. To learn more about those charges, go here.
#2. In Weld County Courts, what is the C.R.S. 18-1-901 Definition of “Serious Bodily Injury?”
In Weld County Courts, the definition of “Serious Bodily Injury” comes from C.R.S. 18-1-901. It is stated as:
“Serious bodily injury” means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. Since Vehicular Assault always involves serious bodily injury, prosecutors will always wrestle with whether their victim’s injuries can be classified as serious bodily injury. Since prosecutors are not doctors, they normally as a medical doctor to sign a form indicating whether they feel the victim was injured to this extent.
#3. What is the Punishment for a Vehicular Assault Conviction in Evans and Windsor, Colorado?
There are two different types of convictions for Vehicular Assault in Evans and Windsor and the rest of Colorado. The first is Reckless Vehicular Assault which is a class 5 felony, with penalties which include a Colorado State Prison sentence of 1 to 3 years, a fine of $1,000-$100,000, and mandatory 2-year parole. The second is a DUI Vehicular Assault conviction, which is a class 4 felony, with penalties of 2 to 6 years in prison, a fine of $2,000 to $500,000, and a mandatory 3-year parole.
#4. What are Common Criminal Charges Related to Vehicular Assault in Weld County?
When facing a criminal charge in Weld County, a defendant will often face more than just one criminal charge for the same incident. Unfortunately, without an experienced criminal defense attorney at their side, a defendant can be confused and not get the best outcome in their case. Some criminal charges that relate closely to Vehicular Assault are:
- Careless Driving – C.R.S. 42-4-1402
- Reckless Driving – C.R.S. 42-4-1401
- Driving Under the Influence of alcohol or drugs – C.R.S. 42-4-1301
- Vehicular Homicide – C.R.S. 18-3-106
- Leaving the Scene of an Accident – C.R.S. 42-4-1601
#5. Why Hire a Leading Greeley, Colorado Criminal Defense Attorney in a Vehicular Assault Case?
Are you facing a Vehicular Assault charge in Greeley or Weld County? You will want to hire the leading criminal defense attorneys at the O’Malley Law Office to challenge the evidence against you and the government’s conclusions from that evidence. With over 30 years of experience, our attorneys can help you navigate the Weld County courts, understand all the charges you are facing, and aggressively fight for the outcome in your case. The Colorado Rules of Criminal Procedure and Evidence are difficult to understand and apply. Yet they will make a huge difference in whether you are convicted or not. A conviction can result in significant time in the Weld County Jail or prison, loss of a job, and fines that can impact your future.
Have you been arrested for Vehicular Assault and are headed to the Weld County Courthouse? Be smart and contact Greeley’s best criminal defense attorneys. You can talk with our defense attorneys by calling 970-616-6009 to discuss your case. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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