Longmont Vehicular Assault & Homicide Defense Lawyer

In Longmont, Colorado, being involved in a severe accident resulting in injury or loss of life can quickly escalate from a tragic event into criminal charges such as vehicular assault or vehicular homicide. Colorado prosecutors aggressively pursue these cases, often resulting in felony charges that carry life-changing consequences. Understanding the charges you face, the laws involved, potential penalties, and critical steps to take can significantly influence the outcome of your case.

This comprehensive page covers vehicular assault and vehicular homicide charges in Longmont, explains Colorado’s relevant laws, outlines potential penalties, and provides answers to frequently asked questions. It also offers essential information on what actions to take if arrested and highlights how a Longmont vehicular assault & homicide lawyer at DeChant Law can provide experienced legal representation during these challenging circumstances.

Vehicular Assault Charges in Longmont, CO

Vehicular assault charges in Colorado (C.R.S. §18-3-205) arise when someone operates a vehicle recklessly or while impaired by drugs or alcohol, causing serious bodily injury to another person. The law categorizes vehicular assault into two main types:

• Reckless Vehicular Assault: Occurs when reckless driving directly causes serious bodily harm.
• DUI-Related Vehicular Assault: Occurs when a driver operates a vehicle under the influence (DUI/DWAI), and their impaired state results in serious injuries to another party.

Common examples of situations leading to vehicular assault charges include:

• Causing serious injury in a DUI-related accident
• Excessive speeding or racing causing severe harm to another driver or passenger
• Distracted driving (e.g., texting while driving) resulting in significant injuries

Vehicular assault is classified as a felony offense in Colorado, demanding strong legal defense to minimize potential penalties.

Vehicular Homicide Charges in Longmont, CO

Vehicular homicide charges in Colorado (C.R.S. §18-3-106) are among the most serious traffic-related offenses. A person can be charged with vehicular homicide if their reckless or impaired driving directly leads to the death of another individual.

There are two primary categories for vehicular homicide charges:

• Reckless Vehicular Homicide: Charged when reckless driving behaviors, like aggressive driving or excessive speeding, result in someone’s death.
• DUI-Related Vehicular Homicide: Charged when operating a vehicle under the influence of drugs or alcohol directly causes a fatal accident.

Examples of incidents resulting in vehicular homicide charges include:

• DUI or DWAI accidents resulting in fatalities
• Fatal collisions caused by excessive speed or street racing
• Distracted driving incidents leading to fatal outcomes

Vehicular homicide is always a felony charge and is vigorously prosecuted in Longmont and Boulder County.

DUI and Drug-Related Vehicular Assault & Homicide Cases

Colorado law takes an exceptionally harsh stance on impaired driving, particularly when it leads to serious injuries or fatalities. In DUI-related vehicular assault or homicide cases, prosecutors must prove that impairment was a significant cause of the accident.

Blood tests, breathalyzer results, witness testimony, accident reconstruction analysis, and police reports frequently play critical roles in these cases. Skilled defense attorneys can challenge this evidence by questioning accuracy, procedural mistakes, or causation factors, providing valuable defense opportunities.

Penalties for Vehicular Assault & Vehicular Homicide in Colorado

Convictions for vehicular assault or homicide in Longmont come with severe, potentially life-altering penalties:

Vehicular Assault Penalties:

• Class 5 Felony (Reckless Vehicular Assault):
  • 1 to 3 years in prison
  • Fines between $1,000 to $100,000
  • Two years mandatory parole
• Class 4 Felony (DUI-Related Vehicular Assault):
  • 2 to 6 years in prison
  • Fines between $2,000 to $500,000
  • Three years mandatory parole
  • Revocation of driver’s license

Vehicular Homicide Penalties:

• Class 4 Felony (Reckless Vehicular Homicide):
  • 2 to 6 years in prison
  • Fines between $2,000 to $500,000
  • Three years mandatory parole
• Class 3 Felony (DUI-Related Vehicular Homicide):
  • 4 to 12 years in prison
  • Fines between $3,000 to $750,000
  • Five years mandatory parole
  • Revocation of driver’s license

These harsh penalties underscore the necessity of hiring a skilled criminal defense attorney immediately following your arrest.

Criminal Appeals for Vehicular Assault & Vehicular Homicide Cases

Even if convicted, defendants maintain the right to appeal their vehicular assault or vehicular homicide conviction in Colorado. Criminal appeals focus on reviewing trial procedures and determining if errors or constitutional violations influenced your conviction or sentencing.

Hiring a skilled appellate attorney with deep knowledge of Colorado law and appellate court procedures significantly increases your chance of successfully overturning or modifying a conviction or sentence.

What to Do if Arrested for Vehicular Assault or Homicide in Longmont

If you are arrested or under investigation for vehicular assault or vehicular homicide, it’s critical to take these immediate steps:

• Stay Calm and Cooperate: Do not resist arrest or escalate the situation.
• Invoke Your Right to Remain Silent: Clearly inform the police that you will not discuss the situation until you have legal counsel.
• Request Legal Representation Immediately: Clearly state your desire to speak with an attorney. Never engage in discussions or questioning without your lawyer present.
• Avoid Discussing the Case with Others: Do not discuss your situation with family, friends, or anyone else until consulting your attorney.

Following these steps ensures your legal rights are preserved, providing your defense attorney the best chance to advocate effectively.

Key Colorado Laws for Vehicular Assault & Vehicular Homicide

Understanding relevant Colorado statutes is vital when charged with vehicular crimes:

• Vehicular Assault (C.R.S. §18-3-205): Defines assault charges resulting from reckless or impaired driving causing serious injuries.
• Vehicular Homicide (C.R.S. §18-3-106): Defines homicide charges resulting from reckless or impaired driving causing death.
• DUI/DWAI (C.R.S. §42-4-1301): Details DUI and DWAI laws, impairment standards, and penalties.
• Express Consent (C.R.S. §42-4-1301.1): Mandates chemical tests for drivers lawfully arrested for DUI-related offenses.

10 FAQs about Vehicular Assault and Homicide Charges

1. What defines vehicular assault in Colorado? Reckless or impaired driving causing serious bodily injury to another person.
2. What distinguishes vehicular homicide from manslaughter? Vehicular homicide specifically involves deaths resulting directly from reckless or impaired driving.
3. Can vehicular assault/homicide charges be dismissed? Yes, charges can potentially be reduced or dismissed with effective legal defense strategies.
4. Are DUI-related vehicular crimes treated more harshly? Yes, Colorado imposes significantly stricter penalties for DUI-related vehicular crimes.
5. Can I appeal a conviction for vehicular assault/homicide? Yes, convictions are appealable if legal or procedural errors occurred.
6. Will my driver’s license be revoked upon conviction? Yes, Colorado revokes licenses following convictions for DUI-related vehicular crimes.
7. What’s the sentence for DUI-related vehicular homicide? A Class 3 felony punishable by 4–12 years imprisonment, significant fines, and mandatory parole.
8. Do I have to consent to field sobriety tests? Roadside sobriety tests are voluntary, but chemical tests after arrest are mandatory.
9. Can distracted driving lead to vehicular assault charges? Yes, texting or other distracted driving causing injury can result in felony charges.
10. Should I discuss my case with insurance companies? No, always consult your defense attorney first.

Serving All Of Longmont, CO

• Prospect New Town
• Fox Creek Farm
• Clover Creek
• Somerset Meadows
• Old Town
• Meadow Mountain
• Renaissance
• The Shores
• Prairie Village
• Creekside

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

Facing vehicular assault or vehicular homicide charges demands immediate, skilled legal representation. DeChant Law provides personalized attention, thorough investigations, strategic defenses, and aggressive advocacy to protect your freedom and future. Our experienced attorneys work diligently to minimize consequences, secure dismissals, reduce charges, and ensure your rights are safeguarded at every step.

If you’re facing charges in Longmont, contact DeChant Law immediately for dedicated, aggressive, and experienced criminal defense representation.