What is the Difference Between Vehicular Assault and Vehicular Homicide?
Anyone who is arrested for causing a motor vehicle crash in Denver or elsewhere in Colorado in which another person is seriously or fatally injured may be facing charges for either vehicular assault or vehicular homicide. Both are extremely serious charges, and they can be brought in connection with allegations of driving while ability impaired (DWAI) or driving under the influence (DUI). What is the difference between these two types of charges? In short, the difference is that vehicular assault charges are brought when nonfatal injuries occur, while vehicular homicide charges are brought when fatal injuries occur. In more detail, the difference in the charges also includes a difference in potential sentences, among other distinctions. Our Colorado criminal defense lawyers can tell you more.
Understanding Vehicular Assault in Colorado
What is vehicular assault? Under Colorado law, there are three definitions of vehicular assault:
- Reckless driving: “If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another, such person commits vehicular assault”;
- DUI: “If a person operates a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault”; or
- DWAI: “If a person operates or drives a motor vehicle while the person’s ability is impaired by alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the serious bodily injury of another, the person commits the crime of vehicular assault.”
In a DUI/DWAI vehicular assault charge, the crime is a strict liability offense — being under the influence and causing an accident involving serious bodily injury essentially means automatic liability.
Comparing Vehicular Assault to Vehicular Homicide
How does vehicular homicide differ from vehicular assault? In short, the same three types of charges can be brought as listed above, but they are brought as vehicular homicide (rather than vehicular assault) when there is a death rather than a serious bodily injury.
Charging and Sentencing Differences
Both vehicular assault and vehicular homicide are felony offenses. However, vehicular assault is a lesser felony offense under all circumstances.
In a case involving reckless driving, vehicular assault is a Class 5 felony while vehicular homicide is a Class 4 felony. In a case involving DUI/DWAI, vehicular assault is a Class 4 felony while vehicular homicide is a Class 3 felony. The potential penalties and sentences thus also shift accordingly. Depending on whether vehicular homicide is the result of reckless driving or DUI/DWAI, a person can be facing anywhere from 1 to 6 years in prison. Vehicular homicide involves a prison sentence of anywhere from 2 to 12 years.
Contact Our Denver Criminal Defense Lawyers
Whether you are facing vehicular assault or vehicular homicide charges, or charges for another offense related to DWAI or DUI, the experienced Denver criminal defense attorneys at DeChant Law can assist you. We can speak with you today to learn more about the details of your case and to begin working with you to build the most effective defense possible to the charges you are facing. Contact us for more information and to get started on your defense.
Sources:
codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-3-205/#:~:text=Colorado%20Revised%20Statutes%20Title%2018,Vehicular%20assault&text=(1)(a)%20If%20a,such%20person%20commits%20vehicular%20assault
law.justia.com/codes/colorado/2022/title-18/article-3/part-1/section-18-3-106/
