Fort Collins Vehicular Assault Defense AttorneyRequest Free Consultation
If you or someone you love has been charged with vehicular assault in Fort Collins or the surrounding area, we recognize that what you’re facing can be frightening. What does vehicular assault mean? Are there defenses for this type of charge? Schedule your free consultation with one of our skilled Fort Collins vehicular assault defense attorneys by calling (970) 573-5187 or completing our contact form. You can count on the experienced criminal defense attorneys of Martin & Reed, LLC, to work diligently on your case to protect your rights.
What Is Considered Vehicular Assault in Fort Collins?
In Fort Collins, Colorado, vehicular assault occurs when the person who is operating a motor vehicle is doing so in a reckless manner and causes serious bodily injury to another person. It can also be if the person who is operating the motor vehicle is doing so under the influence of drugs or alcohol, or a combination of drugs and alcohol. Because they are under the influence, this causes the driver to be the proximate cause of the serious bodily injury to the other person.
It’s important to understand that vehicular assault can be a charge that is used even if the person injured was in your car. It can be charged even if the person who was hurt doesn’t want to press charges. Since this is a criminal act, it is the State of Colorado that decides whether or not to press charges.
To understand when it’s filed, you also have to understand what the state considers to be serious bodily injury:
- Significant risk of death
- Significant risk of bodily impairment
- Significant risk of disfigurement
- Fractured or broken bones
- Second or third-degree burns
If any of those exist, the injury is considered a serious bodily injury. If your scenario involves any of these factors, it is crucial to consult with a Fort Collins vehicular assault defense lawyer to see what defense options you have.
Common Defenses to Vehicular Assault in Fort Collins
Defenses for vehicular assault depend on the facts surrounding your case. It’s important to talk with a Fort Collins vehicular assault defense attorney from Martin & Reed, LLC, to understand the defense strategies that will work best for your case. Some of the common defenses for vehicular assault include:
- You weren’t the driver. It’s the State’s job to prove that you were the one controlling the vehicle when the accident happened.
- The witness statements are inconsistent. Everything that was said to show that you were driving “recklessly” along with other evidence the witnesses mentioned isn’t truthful.
- As the driver, you weren’t behaving in a reckless manner. The State must prove that the way you drove the vehicle was reckless and that you caused the accident. Under State law, it takes more than bad driving to convict you of reckless driving.
- You didn’t cause the accident. You and your defense team can show counter-evidence that you did not cause the accident that led to the victim’s serious bodily injury.
- You were not under the influence when the accident occurred. If you and your Fort Collins criminal defense attorney can show that you were not under the influence, this can be very beneficial to your case.
How Martin & Reed, LLC, Can Help with Your Fort Collins Vehicular Assault Case
If you’ve been charged with vehicular assault, you need to start your defense strategy right away. Call or contact Martin & Reed, LLC, to schedule your free consultation with a trustworthy Fort Collins vehicular assault defense lawyer. Let’s discuss the facts and begin the process of getting the best possible outcome for your case.