Vehicular Assault is a crime in Adams County, CO that involves someone driving recklessly (or under the influence), resulting in serious bodily injury to another person. Men and women across Colorado are charged with vehicular assault when the car or motorcycle they’re operating is involved in an accident and someone is seriously injured. Law enforcement can pursue this charge ignoring whether reckless driving actually occurred, leaving the court system and district attorney to sort things out. Contacting a seasoned vehicular assault attorney is highly recommended when facing a charge involving a traffic accident.
What is Vehicular Assault in Adams County, CO?
C.R.S. 18-3-205 outlines the details of Vehicular Assault in Colorado. In Thornton, vehicular assault is committed when someone:
· Drives recklessly or under the influence (of alcohol and / or drugs)
· And the driving causes serious bodily injury to another person
One of the main factors when determining if vehicular assault has occurred is whether someone chose to drive recklessly or while under the influence. For driving to be considered reckless, the driver must demonstrate a disregard for significant risk. For example, going 55mph in a 25mph zone is disregarding the risk of going that speed in that particular area.
Driving under the influence involves operating a vehicle after using alcohol or drugs and the driver is substantially incapable of exercising clear judgement or safe physical control of the mode of transportation. This can be determined by blood alcohol concentration (BAC) of higher than .08% or more than five nanograms per milliliter of THC, the ingredient found in marijuana. The use of legal and prescription drugs can also lead to driving under the influence and therefore, a vehicular assault charge if someone is seriously injured in an accident.
Punishment for Vehicular Assault in Adams County, CO
Vehicular assault is a felony offense in Commerce City and throughout Colorado. If someone is seriously injured as a result of reckless driving, a class 5 felony applies. Potential sentencing can include 1 – 3 years in the Colorado Department of Corrections and a fine of between $1,000 – $100,000. If a person seriously injures another in a car accident while driving under the influence, it is a class 4 felony. Sentencing may include 2 – 6 years in prison and a fine of $2,000 – $500,000.
Adams County Vehicular Assault Attorney | Expert Criminal Defense
A charge of vehicular assault shouldn’t be taken lightly. With consequences of prison time and substantial fines, hiring experienced council is a must. At O’Malley and Sawyer, we take the freedoms of our clients seriously and work vigorously to protect them. Many factors need to be analyzed by an expert criminal defense lawyer in vehicular assault cases. Is the charge for vehicular assault in reference to reckless driving or DUI? How badly was the alleged victim injured? Are there other important facts in your case that have been overlooked? We will examine these questions and many more as we formulate an impenetrable defense on your behalf, always with your best outcome in mind.
If you or someone you know is facing a vehicular assault charge, be smart. Contact the skilled defense attorneys at O’Malley and Sawyer at 303-731-0719. Together, we can protect your future.
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