Denver Vehicular Assault Lawyer
Vehicular assault is a serious felony offense in Colorado that can have life-altering consequences. If you are found to have caused a serious bodily injury to another person while driving recklessly or under the influence of drugs or alcohol, you could face vehicular assault charges. Denver vehicular assault lawyer Reid DeChant at DeChant Law understands how overwhelming this experience can be. His team is committed to guiding you through the complexities of the legal process, ensuring that your rights are protected, and working to secure the best possible outcome for your case.
Vehicular Assault Caused by Reckless Driving
Reckless driving refers to operating a vehicle in a way that demonstrates a blatant disregard for the safety of others on the road. It involves more than just making a mistake—it reflects willful or wanton behavior likely to cause harm. Examples of reckless driving include excessive speeding, swerving through traffic, running red lights, and tailgating. In Colorado, causing serious injury through reckless driving is classified as vehicular assault, a Class 5 felony. This offense is punishable by one to three years in prison, substantial fines, license suspension, community service, and probation. Additionally, you may be subject to a civil lawsuit for damages.
Prosecutors often rely on witness testimony, police reports, and evidence from the scene to build a case. However, distinguishing between careless and reckless driving can be subjective. A skilled defense attorney will analyze the evidence to ensure the charges are appropriate and defend against overreach by the prosecution.
DUI Vehicular Assault (Caused by Intoxicated Driving)
Vehicular assault caused by driving under the influence (DUI) is treated as an even more severe offense in Colorado. This Class 4 felony carries heavier penalties, including two to six years in prison, fines ranging from $2,000 to $500,000, probation, community service, and mandatory participation in drug or alcohol treatment programs. In addition to these criminal penalties, a conviction can lead to long-term consequences such as difficulty finding employment, loss of driving privileges, and increased insurance premiums.
Driving under the influence significantly impairs your ability to operate a vehicle safely, and the courts are particularly strict when injuries are caused by a DUI driver. However, it’s important to remember that being charged with DUI vehicular assault does not automatically mean you are guilty. Breathalyzer and blood test results can sometimes be inaccurate, and improper police procedures may lead to the suppression of crucial evidence. An experienced attorney will scrutinize the evidence to challenge the prosecution’s case.
Defenses Against Vehicular Assault Charges
Vehicular assault charges are serious, but a conviction is not guaranteed. There are several defenses available that could potentially reduce or dismiss your charges. Common defenses include:
•Lack of Recklessness: If your actions were not reckless but merely careless, your lawyer can argue for a lesser charge.
•Inaccurate DUI Test Results: Breathalyzer and blood tests can produce false positives due to improper calibration, mishandling, or medical conditions.
•Causation Issues: If there is insufficient evidence to prove that your actions directly caused the injury, your lawyer can contest the charges.
•Violation of Civil Rights: If the police conducted an unlawful search or violated your rights during the arrest, it could lead to the suppression of key evidence.
Contact a Denver Vehicular Assault Lawyer Today
Vehicular assault cases require an aggressive defense and a deep understanding of both Colorado traffic laws and criminal defense strategies. As these cases often involve severe penalties, it is crucial to act quickly to protect your future. Denver vehicular assault lawyer Reid DeChant at DeChant Law has extensive experience defending individuals charged with serious traffic offenses and can help you navigate this challenging time.
Don’t face these charges alone—contact DeChant Law at 303-409-7500 for a free case evaluation. We are here to fight for your rights and work toward the best possible outcome for your case.