In Boulder, vehicular assault can be charged when a person drives in a reckless manner (or under the influence) and that driving results in serious bodily injury to another. A former Denver Broncos' wide receiver was recently arrested on suspicion of vehicular assault in reference to a traffic accident in mid-February of 2019. The two passengers in his vehicle were injured in the accident, one seriously. This is a common charge in Colorado and requires expert representation from a vehicular assault attorney.
What is Vehicular Assault in Boulder?
Vehicular Assault C.R.S. 18-3-205 states the circumstances for a vehicular assault charge in Colorado. A person commits vehicular assault when they:
- drives recklessly or under the influence of alcohol / drugs
- AND the driving results in serious bodily injury to another person
It is irrelevant whether the driver intentionally meant to hurt another. Instead, the determining factor is if someone drove in a reckless manner or under the influence. Operating a vehicle recklessly involves ignoring a significant risk that doing so could result in some type of harm. The former Broncos' wide receiver was allegedly going nearly 70 mph in an area with a speed limit of 30 mph. Therefore, law enforcement need not look far for reckless behavior.
Consequences for Vehicular Assault in Boulder, CO
Seriously injuring someone as a result of driving recklessly is a class 5 felony in Colorado. Potential punishments are:
- 1 – 3 years in the Colorado Department of Corrections
- a fine of $1,000 – $100,000
In some cases, a Colorado judge will factor in a defendant's prior criminal history and driving record, adjusting accordingly. However, if the vehicular assault involves serious injury to someone AND the driver was under the influence, consequences amplify. The DUI factor makes the crime a class 4 felony, punishable by:
- 2 – 6 years in prison
- a fine of $2,000 – $500,000
Colorado Vehicular Assault Attorney
A vehicular assault conviction coupled with the stiff felony consequences has the potential to ruin someone's life. Charges of vehicular assault only occur when someone suffers a very serious injury. Consequently, law enforcement and district attorneys want someone held accountable. Acting swiftly, police and prosecutors manufacture charges that may be too extreme for the injury that actually occurred. These professionals make mistakes too and we're ready utilize that in our client's defense. At O'Malley and Sawyer, we specialize in strict analysis of a prosecutor's case. Our findings can potentially reduce a defendant's charges or even result in a dismissal. If those aren't a possibility in your case, a vehicular assault attorney can still passionately pursue the best possible outcome for you and your family.
If you or someone you know is facing vehicular assault charges, be smart. Contact the unparalleled criminal defense attorneys at O'Malley and Sawyer at 303-830-0880. Together, we can protect your future.
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