Colorado Law for Vehicular Assault | Greeley Vehicular Assault Attorney
In Greeley, Colorado, someone commits Vehicular Assault when they drive recklessly and cause serious bodily injury to another person. This is a felony level crime, and a felony conviction can seriously alter anyone's day to day life. A felony conviction is known to limit employment and housing opportunities for those affected. Don't enter the courtroom unprepared, contact our office today.
What is Vehicular Assault, C.R.S. 18-3-205, in Weld County?
In Weld County, Colorado law recognizes Vehicular Assault, C.R.S. 18-3-205, when someone:
Additionally, if alcohol or drugs were consumed by the driver, and someone suffered a serious bodily injury, it will automatically be considered Vehicular Assault as well.
Terms to Know for Vehicular Assault in Erie and Evans
The definition of Vehicular Assault in Erie and Evans contains many terms that are important to know if you or someone you love is being accused of this crime.
What is "Reckless" Driving?
A person is considered to be driving recklessly when they are operating a motor vehicle and they
To simplify, this means that the person driving the car is taking risks in their driving that are dangerous to others for no reasonable reason.
What is "Proximate Cause"?
The concept of a Proximate Cause deals with the injury someone sustains and how it happened / whose fault it was. Colorado law views it as:
Basically, this refers to Jane's reckless driving causing an accident and breaking John's arm. Jane would be the proximate cause of John's injury, since they are directly connected.
What is "Serious Bodily Injury"?
In legal definitions, there are two definitions when it comes to injuries. 'Bodily injury' just refers to suffering pain, but not with anything vital damaged. 'Serious Bodily Injury' refers to when the event:
Serious bodily injuries are things like broken bones, loss of limb, suffering burns, etc.
What is the Punishment for Vehicular Assault in Longmont and Dacono?
In Longmont and Dacono, if someone is convicted for Vehicular Assault they face a felony charge. If the person is alleged to have been driving recklessly and is the proximate cause of someone else's serious bodily injury, then they will be accused of a class 5 felony. However, the charges increase if there was any involvement with drugs or alcohol to the driver. If someone has been drinking, and they crash and cause the victim to get seriously injured, the driver faces a class 4 felony.
The difference in punishment between a class 5 felony and a class 4 felony in Colorado is both in the amount of time the defendant might have to serve in DOC, the dollar amount in fines they would need to pay, and how many years of parole they would have to serve.
For a class 5 felony conviction, the defendant would need to:
- serve between 1 and 3 years in the Colorado Department of Corrections
- pay a fine of up to $100,000
- serve 2 years of parole once released from DOC
For a class 4 felony conviction, the defendant would need to:
- serve between 2 and 6 years in DOC
- pay a fine up to $500,000
- serve 3 years of parole once released from DOC
Possible Defenses to a Vehicular Assault Accusation in Windsor and Lyons
If you're facing an accusation of Vehicular Assault in Windsor and Lyons, our lawyers are extremely experienced in defending these kinds of cases. So their repertoire of defenses for this type of cases is vast. Depending on the facts of the case, our lawyers know to challenge:
- if you were actually driving "recklessly"
- if the supposed victim is seriously injured
- proximate cause of the injuries
- inconsistent witness accounts
- the DUI breathalyzer machine not calibrated correctly, or it not being in line with state regulations
- unreliable chemical testing results
Our lawyers also know when it is necessary to bring in experts to examine the details of the case. Does the physical "crime scene" align with the stories of the witnesses? Through these tactics, and others, the attorneys at the O'Malley Law Office have a strong history of success with getting clients' cases dismissed, clients acquitted, and less serious sentences. Call us today for a free consultation!