A woman was recently arrested for Assault as an Act of Domestic Violence using her car to make a point with her boyfriend. According to the news report, when the police arrived at the scene, the woman was sitting in her 2002 Ford Mustang. She admitted to hitting her boyfriend with her car at least two times during a heated argument they were having. One time she hit him, his legs were pinned between two cars, preventing his escape. When asked why she did this, she simply stated she was upset with him. Too bad in Greeley, getting mad at someone is not an affirmative defense and would get you charged with Vehicular Assault under these facts.
Weld County Vehicular Assault Attorney – What is the Definition of Vehicular Assault?
According to Colorado law, the definition of Vehicular Assault in Weld, Morgan, and Logan County – C.R.S. 18-3-205 – is:
(b) 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.
As a class 5 felony in Greeley, Erie, and Evans, Vehicular Assault is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines. While it was not disclosed in the article, the man must have suffered serious bodily injury (SBI) – seeing as it is not that hard to meet the criteria. Even a broken pinkie finger or leaving a scar can be considered SBI and make the charges much worse in any Assault case.
Have you been charged with Vehicular Assault or Domestic Violence? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Vehicular Assault or Domestic Violence? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Domestic Violence Greeley Lawyer Answers: Can I be Charged with Domestic Violence?
Domestic Violence is not a charge by itself in Weld County. It is actually a sentence enhancer that is added to any other crime. In the case above, the Vehicular Assault charge would be enhanced to Vehicular Assault as an Act of Domestic Violence if the assault occurred between two people who have been in an intimate relationship. This sentences enhancer adds restrictions and requirements like following a mandatory protection order and completing domestic violence classes. Most people convicted of Domestic Violence lose their right to possess a firearm or gun. Maybe not a bad idea for the lady above, but we have heard of cases where a man had to complete these requirements after being charged with Harassment for yelling at his wife. Two very different interactions, but the same punishment as far as the one size fits all DV side is concerned.
If you or someone you love has been charged with Vehicular Assault or a Domestic Violence Crime, be smart, exercise your right to remain silent and contact the best Greeley criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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