DUI arrests often come with accompanying charges. If you hurt someone in a DUI accident, for example, you could be charged with the crime of vehicular assault.
Vehicular assault is a felony in Colorado, even for first timers. The specific language of the law is as follows:
Class 4 Felony Vehicular Assault: The defendant unlawfully drove or operated a motor vehicle in Colorado while under the influence of alcohol, or drugs, or both alcohol and drugs, and the conduct was the proximate cause of serious bodily injury to the alleged victim, in violation of 18-1-305(1)(b), C.R.S.
Class 5 Felony Vehicular Assault: The defendant unlawfully drove or operated a motor vehicle in Colorado in a reckless manner, and the conduct was the proximate cause of serious bodily injury to the alleged victim, in violation of 18-1-305(1)(a), C.R.S.
Unlike a DUI stop, officers who suspect someone of vehicular assault are allowed to conduct a forced blood draw.
Vehicular assault is what’s known as a “victim’s rights crime,” which means that the prosecutor must inform the victim of all potential plea offers and allow the victim to give his or her own input. Because the victim may harbor a great deal of resentment for you, it is not often easy to negotiate a fair deal. Because of this and the fact that most evidence is collected at the crash scene, it is imperative that you contact a lawyer as soon as you possibly can after a vehicular assault.
DUI Matters – Denver Drunk Driving Lawyers Understanding Vehicular Assault Charges in Colorado
Facing DUI charges can be a daunting experience. Still, when vehicular assault accusations accompany those charges, the situation becomes even more complex. Vehicular assault is a serious felony offense in Colorado, and it’s crucial to comprehend the nuances of this charge and the legal implications it carries. In this article, we will delve into the specifics of vehicular assault in Colorado, its classifications, and why securing the services of experienced legal professionals like Thomas & Ahnell, LLC, is imperative when facing such charges.
The Legal Framework of Vehicular Assault
In Colorado, vehicular assault is a crime that pertains to serious bodily injury resulting from specific circumstances related to motor vehicle operations. It is essential to recognize that even first-time offenders can face felony charges for vehicular assault, making it a particularly severe legal matter.
There are two primary classifications of vehicular assault under Colorado law:
- Class 4 Felony Vehicular Assault: This charge applies when an individual unlawfully operates a motor vehicle while under the influence of alcohol, drugs, or a combination of both, leading to serious bodily injury to another person. This offense is governed by 18-1-305(1)(b), C.R.S.
- Class 5 Felony Vehicular Assault: In this scenario, a person recklessly operates a motor vehicle, resulting in serious bodily injury to another individual. This charge is outlined in 18-1-305(1)(a), C.R.S.
It’s important to note that law enforcement officers have the authority to perform a forced blood draw when they suspect someone of vehicular assault. This legal procedure can significantly impact the evidence collected in such cases.
Understanding Victim’s Rights
Vehicular assault is classified as a “victim’s rights crime” in Colorado. This means that the prosecutor must inform the victim of any potential plea offers and allow the victim to provide input during the legal proceedings. Given the potential resentment the victim may harbor towards the accused, negotiating a fair deal can be challenging. This underscores the critical
importance of seeking legal representation promptly after being charged with vehicular assault.
Why Legal Representation Matters
Navigating the complexities of vehicular assault charges requires the expertise of skilled legal professionals who specialize in alcohol and drug-related driving offenses. Thomas & Ahnell, LLC, is a reputable law firm in Colorado with a proven track record of handling such cases effectively.
When facing vehicular assault charges, securing legal representation is not only advisable but also essential. Experienced attorneys, like those at Thomas & Ahnell, LLC, possess the knowledge and experience required to build a strong defense, identify potential legal defenses, and negotiate with prosecutors to achieve the best possible outcome for their clients.
Conclusion
Vehicular assault charges are grave matters that can result in felony convictions with severe legal consequences. Understanding the intricacies of vehicular assault in Colorado is vital when facing such charges. Seeking legal assistance from professionals like those at Thomas & Ahnell, LLC, who specialize in alcohol and drug-related driving offenses, is a proactive step toward protecting your rights and future.
By being informed and seeking the right legal representation, individuals accused of vehicular assault can better navigate the legal process and work toward achieving the best possible outcome for their cases. Whether through legal negotiations or exploring potential legal defenses, the expertise of legal professionals like Thomas & Ahnell, LLC, can be instrumental in securing a more favorable future when facing vehicular assault charges.
Do you have further questions or concerns? Call us or contact the attorneys at Thomas & Ahnell, LLC, and we will be happy to help.