Are you facing a Vehicular Assault Charge in Greeley, Colorado? You will need a criminal defense attorney committed to getting you off. In many Weld County Court cases, the district attorney does not have enough evidence to convict you. Your situation needs a thorough study. A driver recently faced a Vehicle Assault charge when, after not clearing snow from the top of his truck, an ice chuck flew off the truck and hit a car windshield injuring the motorist. To learn more about Vehicle Assault charges, read below or call the O’Malley Law Office with your questions.
Weld County Definition of Vehicular Assault, C.R.S. 18-3-205
In Weld County, Vehicular Assault, C.R.S. 18-3-205, is defined as follows:
Can Someone Charged with a DUI Also Be Charged with Assault with a Vehicle in Greeley, Colorado?
In Greeley, Colorado, a person can be charged with Assault with a Vehicle and DUI at the same time. Under Colorado statute, someone can be charged under this part of the law:
A person who 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, commits Vehicular Assault.
Whether from reckless driving or a DUI, serious injury to another can result in a felony charge.
What is the Definition of Serious Bodily Injury in Weld County?
In Weld County, the Definition of Serious Bodily Injury includes injury from an incident, which at the time of the incident or at a later time, involves:
- Breaks, fractures, or burns of the second or third degree
- A substantial risk of protracted loss or impairment of the function of any part or organ of the body
- A significant risk of serious permanent disfigurement
- A substantial risk of death
In the case above, if the driver of the car received injuries that fit into any of these categories and it was found that the box truck driver was reckless, then he could be convicted of Vehicular Assault if the injury was the proximate cause of the flying ice chunk.
Sentence for Vehicular Assault in Greeley, Colorado
In Greeley, if you are convicted of Vehicular Assault, you may face a harsh sentence. Normally, if convicted of a class 5 felony, penalties include 1 to 3 years in the Colorado Department of Corrections, a fine between $1,000 and $100,000, and 2 years of mandatory parole. However, if you were driving under the influence, then you face a class 4 felony, with penalties of 2 to 6 years in the Colorado Department of Corrections, a fine between $2,000 and $500,000, and 3 years of mandatory parole. This more severe punishment results because it is illegal to drink and drive, and a predictable consequence is someone suffering serous injury.
Have you or a loved one been accused of Vehicular Assault in Greeley or Weld County? If so, call the O’Malley Law Office criminal defense law firm for help. Always exercise your right to remain silent. Call 970-616-6009 to speak with one of our Greeley – Weld County defense lawyers. Together, we can protect your future.
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