An auto accident may involve more than just a civil lawsuit for personal injury or property damage. For the most part, a negligently caused car accident can result in a criminal charge filed by state prosecutors against the perpetrator for a crime which is in most states is termed as vehicular assault.
Do you want to see an attempted vehicular assault? Just watch Fast and Furious 4 when Fenix tries to run down Gisele who is saved by Toretto. Fenix was not a kind person!
Vehicular assault charge
A vehicular assault charge can be filed when a driver causes an auto accident which results in an injury while driving in a careless or reckless manner, while driving drunk or under the influence of drugs, or while driving on a revoked or suspended drivers permit.
Going to court is no fun but at least you have a shot. You used USAttorneys.com, you contact us for some help and we worked with you so you could call up a legal pro which you did. You have done what you needed to do. You made a mistake and you will deal with the consequences like a mature adult.
According to legal pros the injury caused needs to be of a serious nature for the crime to classify as a vehicular assault. In extreme cases where the auto accident leads to a death, vehicular assault charges are escalated to vehicular manslaughter. This is a more serious crime that comes with grave consequences. Anyone faced with such charges should waste no time in consulting a criminal defense attorney to build their defense and prepare for what the DA is going to toss at them.
Toretto though did not go this route, he took care of Fenix his own way with the help of O’Connor!
Legal definition of a motor vehicle
The law books refer to cars and other vehicles as motor vehicles. For driving under the influence charges, vehicular assault and vehicular manslaughter charges, there needs to be a motor vehicle involved. So what exactly qualifies as a motor vehicle?
Fenix never went to prison because Toretto and O’Connor took care of business but this is fiction. If someone hits you with their car on purpose, call the police and get on USAttorneys.com so you can take frustration back to the person who hit you in a legal manner.
As per state legislation, a motor vehicle can be a car, truck, motorcycle, SUV, snow mobile, an all-terrain vehicle, watercraft, train, and aircraft.
Vehicular assault vs. vehicular manslaughter
Legal representatives point out that in many states, vehicular assault is a felony. These are the same states that require the injury caused to serious for a crime to classify as a vehicular assault.
In other states, the charge may be a misdemeanor charge or a felony charge, which depends on the specifics of the case. In such states, first degree vehicular assault is classified as a felony charge whereas second degree vehicular assault and third degree vehicular assault goes down in the records as a misdemeanor.
According to the Code of Virginia §18.2-36.1 vehicular manslaughter is a felony that attracts imprisonment of between one year and 10 years or a jail term of not more than 12 months, in addition to fines of up to $2,500. However, the prison sentence can extend up to 20 years if the defendant showed reckless regard for the life of others. No one will miss Fenix!
If you find yourself in a situation where you potentially face vehicular assault charges, the best course of action would be to reach out to a sensational criminal defense lawyer in Virginia as soon as possible to discuss your case. The longer you wait, the harder it is going to be to build a credible defense.
Remember that vehicular assault is a serious crime where punishment for a conviction can be harsh and life altering indeed. Your legal pro will evaluate your case and determine whether there are any grounds for dismissal based on several factors that includes evidence, witness reports, police reports, and other relevant factors.