Switch to ADA Accessible Theme
Close Menu
Denver Criminal Defense & DUI Lawyer / Grand Junction Vehicular Assault & Homicide Defense Lawyer

Grand Junction Vehicular Assault & Homicide Defense Lawyer

Being involved in an accident resulting in severe injuries or fatalities can lead to serious criminal charges like vehicular assault or vehicular homicide. In Grand Junction, Colorado, these charges carry severe legal consequences, including long prison sentences, fines, loss of driving privileges, and a lifetime criminal record. Understanding the complexities of vehicular assault and homicide cases is crucial, as is knowing the importance of seeking immediate representation from an experienced criminal defense attorney.

This comprehensive guide explains vehicular assault and vehicular homicide charges in Grand Junction, key laws involved, penalties, what to do if you are arrested or investigated, and answers common FAQs. For further information or assistance, contact a Grand Junction vehicular assault & homicide lawyer at DeChant Law can help protect your rights and future.

Understanding Vehicular Assault Charges in Colorado

Vehicular assault charges in Grand Junction occur when a driver’s reckless or impaired actions result in serious bodily injuries to another person. Under Colorado law (C.R.S. §18-3-205), vehicular assault charges can be filed if:

  • The defendant operated a vehicle recklessly, causing serious bodily injury, or
  • The defendant drove under the influence (DUI/DWAI), and serious bodily injury occurred as a direct result.

Examples of Vehicular Assault Cases:

  • A driver under the influence of alcohol or drugs causes an accident resulting in significant injury.
  • Reckless speeding or illegal racing causes an accident resulting in severe injury.
  • Texting while driving or distracted driving leads to an accident causing serious injury.

Vehicular assault is considered a felony offense in Colorado, carrying severe potential penalties, making early legal representation critical.

Understanding Vehicular Homicide Charges in Colorado

Vehicular homicide charges (C.R.S. §18-3-106) occur when a driver’s reckless or impaired driving leads to another person’s death. Prosecutors often aggressively pursue these charges due to the severe nature of the offense.

Charges can be filed if:

  • The driver’s reckless driving directly caused the death of another person, or
  • The driver operated the vehicle under the influence of drugs or alcohol, and someone died as a direct result.

Examples of Vehicular Homicide Cases:

  • A driver with a BAC of .08% or higher causes a fatal collision.
  • Reckless speeding or aggressive driving results in a fatality.
  • Distracted driving, such as texting, leads directly to someone’s death.

Vehicular homicide is always a felony offense in Colorado, with potentially severe prison sentences upon conviction.

DUI-Related Vehicular Assault and Homicide

Colorado law takes a particularly harsh stance on DUI-related vehicular assault and homicide cases. Even first-time DUI offenses resulting in injury or death significantly escalate potential penalties. The prosecution must prove that impairment directly contributed to the accident, a factor that an experienced attorney can aggressively challenge.

Blood alcohol concentration (BAC), drug tests, accident reconstruction, and witness statements often play pivotal roles in these cases.

Penalties for Vehicular Assault and Homicide in Grand Junction

Both vehicular assault and vehicular homicide charges carry severe penalties under Colorado law.

Vehicular Assault Penalties:

  • Class 5 felony if reckless driving caused serious injury:
    • 1–3 years imprisonment
    • Fines ranging from $1,000 to $100,000
    • Mandatory parole of two years
  • Class 4 felony if DUI-related:
    • 2–6 years imprisonment
    • Fines ranging from $2,000 to $500,000
    • Mandatory parole of three years
    • Revocation of driver’s license

Vehicular Homicide Penalties:

  • Class 4 felony if reckless driving caused death:
    • 2–6 years imprisonment
    • $2,000 to $500,000 in fines
    • Mandatory parole of three years
  • Class 3 felony if DUI-related:
    • 4–12 years imprisonment
    • $3,000 to $750,000 in fines
    • Mandatory parole of five years
    • Revocation of driver’s license

These severe consequences underline the critical importance of retaining experienced legal counsel as soon as possible.

Criminal Appeals for Vehicular Assault & Homicide Cases

If convicted of vehicular assault or vehicular homicide, you still retain the right to appeal your conviction or sentencing. An appeal is not a new trial but reviews your original trial for errors in procedure, application of law, constitutional rights violations, or improper sentencing.

Experienced appellate attorneys are essential in handling appeals effectively, presenting persuasive legal arguments, and potentially securing a reversal or reduced sentence.

What to Do if Arrested for Vehicular Assault or Homicide in Grand Junction

Being arrested or investigated for vehicular assault or homicide is a stressful and frightening experience. Taking these steps can protect your legal rights:

  • Remain Calm and Cooperative: Do not resist arrest or escalate the situation.
  • Invoke Your Right to Remain Silent: Clearly state your desire to speak only after consulting an attorney.
  • Request Legal Counsel Immediately: Explicitly request an attorney; do not answer questions or give statements without legal counsel present.
  • Do Not Discuss Your Case: Avoid speaking with friends, family, or others about your case details without attorney advice.

Early representation from an experienced criminal defense attorney can significantly impact the outcome of your case.

Key Colorado Laws Relevant to Vehicular Assault & Homicide

Familiarity with relevant Colorado statutes can help you understand the nature of charges against you:

  • Vehicular Assault (C.R.S. §18-3-205): Defines assault charges related to reckless or impaired driving causing injury.
  • Vehicular Homicide (C.R.S. §18-3-106): Defines homicide charges related to reckless or impaired driving causing death.
  • DUI Laws (C.R.S. §42-4-1301): Covers DUI/DWAI charges, impairment limits, penalties, and procedures.
  • Express Consent Laws (C.R.S. §42-4-1301.1): Addresses mandatory chemical tests following arrests for DUI-related offenses.

Common FAQs on Vehicular Assault and Homicide Charges

  1. What constitutes vehicular assault in Colorado? Reckless or impaired driving causing serious bodily injury to another.
  2. How does vehicular homicide differ from manslaughter? Vehicular homicide specifically involves driving behavior leading directly to death.
  3. Can vehicular assault or homicide charges be reduced? Yes, with effective legal representation, charges can sometimes be reduced or even dismissed.
  4. What are typical defenses for vehicular assault/homicide? Common defenses include challenging impairment tests, accident reconstruction, questioning police procedures, or disputing causation.
  5. Will my license be revoked? Yes, license revocation is common upon conviction for DUI-related vehicular offenses.
  6. What’s the mandatory prison sentence for DUI-related vehicular homicide? A class 3 felony carries 4 to 12 years in prison, plus mandatory parole.
  7. Can I be charged if the accident wasn’t entirely my fault? Yes, prosecutors may still file charges if they believe your impairment or reckless behavior contributed significantly to the injury or death.
  8. How important is accident reconstruction? Extremely important; accident reconstruction specialists may provide critical evidence regarding fault or causation.
  9. Are field sobriety tests required? Field sobriety tests are voluntary in Colorado; however, chemical testing after arrest is mandatory.
  10. Should I speak to insurance companies after an accident? No, not without consulting your criminal defense attorney first.

Serving Throughout Grand Junction, CO

  • Redlands
  • Orchard Mesa
  • Tiara Rado
  • Paradise Hills
  • Spyglass Ridge
  • North Grand Junction
  • Fruitvale
  • Downtown Grand Junction
  • Pear Park
  • Appleton

How DeChant Law Can Help with Your Grand Junction Vehicular Assault or Homicide Defense

If you’re facing vehicular assault or homicide charges, you need aggressive, experienced legal representation. DeChant Law understands the complexities of these serious cases, offering meticulous investigation, dedicated advocacy, and strategic defense approaches. Our team analyzes every detail of your case, challenges evidence, collaborates with forensic experts, and pursues the best possible outcomes, from dismissed or reduced charges to acquittals at trial.

We provide personalized attention, ensuring you understand every step of your legal process and remain informed and supported throughout. At DeChant Law, protecting your rights, freedom, and future is our top priority.

If charged with vehicular assault or vehicular homicide in Grand Junction, contact DeChant Law immediately for a confidential consultation. Let our dedicated attorneys fight tirelessly to defend your rights and future.