Denver And Jefferson County Vehicular Homicide Lawyer, C.R.S. 18-3-106
The crime of vehicular homicide in Denver County and Jefferson County, Colorado, relates to driving a motor vehicle in a reckless manner, or while under the influence of alcohol or drugs, when such conduct is the cause of the death of another. Being involved in such an accident is frightening and deserves a Colorado criminal defense attorney fully equipped to defend you. Our criminal defense attorneys have the tools to defend your freedom.
Whether it is after a party and some drinking, or the totally unpredictable accident caused by ice, police in Colorado will freely charge vehicular homicide when a death accident results. Pressure from victims’ families will often influence the filing of these charges. Never speak with police about an accident when someone dies. Even if the deceased was driving recklessly, the driver who survives is easiest to blame.
Vehicular Homicide Lawyer In Arapahoe County And Adams County Lists The Elements Of The Crime:
More specifically, vehicular homicide in Arapahoe County and Adams County comes in two main ways: First, “[i]f a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide” (Class 4 felony). Second, “[i]f a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs (similar to Driving Under the Influence of Alcohol, C.R.S. 42-4-1301), and such conduct is the proximate cause of the death of another, such person commits vehicular homicide” (Class 3 felony). C.R.S. 18-3-106. Prison is very likely in death cases such as those resulting from vehicular homicide.
Critical definitions for words like “reckless”, “proximate cause” and “driving under the influence” will impact whether your Boulder, Broomfield or Larimer County vehicular homicide case should go to trial or result in a plea bargain to a lesser charge. Penalties for this offense are extreme and prison is a real possibility. With exceptional circumstances, for the Class 4 felony version, up to 12 years in prison is a possible sentence. For the Class 3 felony version, up to 24 years in prison is a possible sentence. With stakes this high, don’t trust your case to just any lawyer.
Vehicular Homicide And Alcohol In Douglas County – You Need A Criminal Defense Team With Experience And Expert Witnesses
Our experienced criminal defense lawyers have a team of expert witnesses at their disposal to aid in your defense. Whether you need a private investigator to locate key witnesses and record their testimony, an accident reconstructionist to create a model and video of the collision, or a doctor to talk about alcohol consumption, our experts are top notch. We can build a defense that will make it difficult for the district attorney prosecutor to prove you guilty beyond a reasonable doubt. The involvement of drinking and blood alcohol level debates greatly increases the severity of the potential punishment in a case. Judges believe that if you make the decision to drink and drive, you knowingly assume the risk that someone might be killed.
Vehicular Homicide Compared To Vehicular Assault In Colorado – Our Attorneys Discuss The Difference
In serious traffic collisions and accidents, it is possible to first be charged with vehicular assault and then have your charges upgraded to vehicular homicide. This occurs when someone is seriously injured (vehicular assault) and then later that person dies, so it becomes vehicular homicide. Vehicular Assault involves reckless driving and serious bodily injury to someone, which vehicular assault involves reckless driving and the death of another. The same driving, but a different level of injury results in one charge or the other.
If you or a loved one has been involved in an accident resulting in the death of someone (even a passenger) and possible vehicular homicide charges, be smart, exercise your right to remain silent and call the experienced criminal defense attorneys at O'Malley and Sawyer, LLC, at 303-731-0719. Together, we can protect your future.