If you have been driving or carelessly operating a vehicle that resulted in the injury of another individual, you may be charged with vehicular assault. There are severe consequences if you are convicted of this crime.
The punishment for vehicular assault usually includes some jail time. The amount of time given by the courts differs a great deal from case to case. Sentences can range from a few months to a few years. Some elements that affect the sentencing include the number of individuals hurt, the harshness of the injuries, the details of the accident, and your previous criminal record.
In addition, you will likely have your driver’s license suspended once you get out of jail. Licenses are often suspended for 1 to 3 years, but they can be permanently revoked in some circumstances.
What Is a Motor Vehicle?
Depending on each state’s law, the term “motor vehicle” can include cars, trucks, SUVs, snowmobiles, all-terrain vehicles, watercraft, aircraft, and trains.
What Are Some Vehicular Assault Situations?
State laws differ on the circumstances that will result in charge of vehicular assault or similar crime.
Driving Under the Influence
Several states define vehicular assault as driving while under the influence of alcohol or drugs and causing severe bodily harm to another. Under some state regulations, a driver is guilty of vehicular assault if they drive under the influence and cause any injury to another individual (it need not be “serious”). A driver, in this case, can be charged with both the crime of driving under the influence and vehicular assault because they are considered two different crimes.
Driving under the influence of alcohol or drugs is driving while impaired by alcohol or a drug or driving with a blood alcohol content above a certain level (at least .08 BAC). Under most state laws, information about a person’s blood-alcohol level at the time of driving can be used to establish whether the individual was driving while impaired:
- Above the legal limit: If the driver’s blood-alcohol level (BAC) was above the legal limit determined by the state’s DUI statute, the court or jury could presume the defendant was under the influence or driving while impaired.
- Below the limit: If the driver’s BAC is below a particular level, the court or jury can assume the defendant was not under the influence or impaired. The prosecutor can use other evidence to demonstrate that the driver was under the influence, such as proof that they had been drinking or that their impaired driving caused the collision.
- Between the legal limit and a lower percentage: Finally, suppose the defendant’s BAC was mid-range between the legal limit and some lower percentage specified in the state’s DUI statute. In that circumstance, the court or jury can regard the information as proof of whether the defendant was under the influence.
- In Ohio, for instance, the legal limit for DUI purposes is .08 BAC. If the driver’s blood alcohol content is between .05 and .08, the BAC can be deemed evidence of whether the driver was under the influence. If the driver’s BAC was below .05, they are presumed not to have been under the influence.
Reckless Driving and Negligent Operation of a Motor Vehicle
Several states include driving recklessly and causing severe injury to another as a foundation for the charge of vehicular assault. In some states (Delaware, for instance), a driver who negligently operates a motor vehicle and causes serious injury also is guilty of vehicular assault.
A person drives recklessly if they drive in a manner they know or recognize as very dangerous or likely to result in a collision or other severe accidents. The focus is that the driver was conscious that their conduct involved extreme risk and chose to act without regard for and despite that risk.
A person drives negligently if they fail to exercise the caution that a reasonable person would or fails to recognize a dangerous risk. This can also be called “careless driving” and usually is defined as not exercising the reasonable care that a reasonable driver should. The law regards this driver as not careful enough but not reckless.
Serious Bodily Injury or Serious Physical Harm
Serious bodily injury or harm refers to life-threatening, permanently debilitating injuries that cause permanent scars or result in the loss of a limb or a bodily organ. Bruises to the face are not considered a serious bodily injury, but injuries to the face that need surgery or leave observable, disfiguring scars likely comprise serious bodily injury.
Correspondingly, extreme internal injuries or broken bones resulting from being hit by a car also constitute serious bodily harm under most criminal statutes.
What Are Other Circumstances That Can Result in a Vehicular Assault Charge?
In some states, you can be charged with vehicular assault if you drive while your driver’s license is suspended or revoked and cause serious injury to another individual due to a crash. You need not have been driving carelessly, recklessly, or under the influence under this vehicular assault law.
In Oregon, a driver can be charged with vehicular assault if they hit a pedestrian or bicyclist while driving, causing harm to that individual.
Is Vehicular Assault a Misdemeanor or Felony?
In some states, vehicular assault is a felony, mainly if the state defines vehicular assault as driving under the influence and causing serious bodily injury to another individual. In other states, the crime is a misdemeanor. In some states, the crime can be a misdemeanor or a felony, depending on the events and the gravity of the injury to the other individual.
Some states have more than one level of vehicular assault, such as first, second, and third-degree vehicular assault. Some of these states categorize first-degree vehicular assault as a felony and second and third-degree as misdemeanors.
Under New York law, a driver who is under the influence and drives recklessly or has a blood-alcohol level above .18 is guilty of first-degree vehicular assault if they seriously hurt someone. This is a more severe crime in New York than driving under the influence with a blood-alcohol level below .18 and causing severe harm to another without driving recklessly.
What Are the Possible Punishments for Vehicular Assault?
The possible sentence for vehicular assault differs from state to state and hinges on whether the crime is categorized as a felony or misdemeanor:
- Felony: the sentence can vary from probation to five years or more in prison.
- Misdemeanor: the sentence can vary from probation to one or two years in jail.
Whether a person convicted of vehicular assault is sentenced to probation or time in jail or prison also hinges on the state’s sentencing regulations and other elements, such as the gravity of injuries, the number of individuals hurt, the age of the individuals hurt, and the offender’s criminal record.
Do I Need a Lawyer For a Vehicular Assault Charge?
If you have been charged with vehicular assault, you should seek the services of a lawyer immediately. An experienced criminal defense attorney can review your case and advise your rights and responsibilities and any potential defenses available to you.
An experienced lawyer can decide whether you have any grounds for dismissing the charges against you, exploring plea options, or representing you at trial. A knowledgeable lawyer will take all of this into consideration, help you make decisions about your case, and protect your rights.
