What Is Vehicular Assault?
Denver Attorney Defends Against Charges of Vehicular Assault in Colorado
Vehicular assault in Colorado can occur in one of two ways:
- Driving recklessly and causing serious bodily to another person; or
- Driving while under the influence of drugs or alcohol and causing serious bodily injury to another person.
Reckless driving vehicular assault is a class 5 felony, punishable by one to three years in prison and a fine from $1,000 to $100,000.
DUI vehicular assault is a class 4 felony, punishable by two to six years in prison and a fine from $2,000 to $500,000.What Is Reckless Driving?
Under Colorado law, a reckless driver is someone who operates a vehicle in a manner that indicates a willful or wanton disregard for the safety of other people. Recklessness requires a higher degree of fault than negligence. Many people are involved in accidents caused by careless driving that does not rise to the level of recklessness.
What Is Serious Bodily Injury?
Colorado law defines serious bodily injury as an injury which, either at the time of the injury or later, involves:
- A substantial risk of death;
- A substantial risk of serious permanent disfigurement;
- A substantial risk of protracted loss or impairment of the function of any part or organ of the body; or
- Breaks, fractures, or burns of the second or third degree.
What is Driving Under the Influence?
A person is under the influence of drugs or alcohol if they are incapable of exercising clear judgment, due care, or sufficient physical control of a vehicle.
Alcohol. A person can be under the influence of alcohol if their blood alcohol content is measured at .08 grams of alcohol per one hundred milliliters of blood. If other evidence demonstrates signs of impairment, a person can be charged with vehicular assault if their blood alcohol content measures more than .05 grams but less than .08 grams per one hundred milliliters of blood. A blood alcohol content measurement of less than .04 grams cannot support a conviction for driving under the influence.
THC. If a person’s blood has five or more nanograms of THC (tetrahydrocannabinol, the active ingredient in marijuana) per milliliter of blood, a jury can find they were under the influence of marijuana.
Prescription Drugs. A person can be convicted of vehicular assault if they were under the influence of any drug and cause serious bodily injury, even if they took the drug with a valid prescription from a medical provider.
How a Vehicular Assault Lawyer Can Help
Defending against charges of vehicular assault requires an aggressive defense. Vehicular assault lawyer, Kevin Cahill, has extensive experience defending people accused of felonies in Colorado. He will thoroughly investigate the case against you and mount an aggressive defense to vehicular assault charges.
Lack of Proximate Cause
To convict a person of vehicular assault in Colorado, the prosecutor must prove that the defendant’s actions caused the victim’s injuries. A vehicular assault lawyer’s defense strategy will explore alternate causes of the victim’s injuries.
No Serious Bodily Injury
Many injuries caused by car accidents are not permanent or life-threatening. If you are facing vehicular assault charges in Colorado, Attorney Kevin Cahill will analyze the severity of the victim’s injuries. If they do not rise to the level of a serious bodily injury as defined by the statute, he will work to have the charges reduced or the case against you dismissed.
Not Under the Influence of Drugs or Alcohol
In cases of DUI vehicular assault, the prosecutor must prove you were under the influence of drugs or alcohol at the time of the accident. Tests used to determine whether a driver was under the influence of drugs or alcohol can return inaccurate results. A vehicular assault lawyer, like a skilled Denver assault lawyer, will independently analyze the chemical test results and might be able to challenge their accuracy to negate this element of the crime.
Contact Kevin Cahill for Aggressive Defense Against Charges of Vehicular Assault
Denver vehicular assault lawyer, Kevin Cahill, believes that everyone is entitled to a vigorous defense and that you are presumed innocent until the prosecutor proves you guilty beyond a reasonable doubt. In cases involving multiple assault charges, having a lawyer is crucial to ensure your rights are protected and to navigate the complexities of the legal system effectively.
Attorney Cahill has been defending people accused of crimes in Colorado since 2005. To put his experience to work for you, contact the Law Office of Kevin Cahill today to schedule a free consultation to discuss your case.
The Law Office of Kevin Cahill is ready to defend you against charges of vehicular assault in Colorado. Complete the online contact form or call (720) 548-2990 today to schedule your free consultation.
ATTORNEY KEVIN CAHILL
Denver Defense Lawyer Kevin Cahill never assumes that your case is a lost cause. He is a confident and fearless litigator who refuses to back down when he is fighting to protect the rights of his clients. Regardless of whether you are facing a felony or a misdemeanor, it is vital that you take the charges seriously and seek out legal representation as soon as possible so you can start building your defense. [ ATTORNEY BIO ]
