Vehicular assault is a felony offense in Colorado. It applies when a driver causes serious bodily injury to another person while operating a vehicle. This charge is defined under Colorado Revised Statutes § 18-3-205.
Importantly, vehicular assault is not the same as DUI or reckless driving. Instead, it is a separate criminal charge that may be filed when those actions result in injury. The key factor is that someone was seriously hurt because of how the vehicle was being driven.
When can someone be charged?
There are two main situations where vehicular assault charges may apply:
- Reckless driving: If a person drives recklessly, showing disregard for the safety of others, and causes serious bodily harm, they may be charged with vehicular assault. This is treated as a Class 5 felony under Colorado law.
- Driving under the influence: If a person is under the influence of alcohol, drugs or both, and causes serious injury while driving, the same charge applies. In this case, vehicular assault is considered a Class 4 felony, which carries more severe penalties.
Potential penalties
The penalties depend on how the injury occurred. A Class 5 felony can result in 1 to 3 years in prison and fines up to $100,000. A Class 4 felony may lead to 2 to 6 years in prison and fines up to $500,000. Both outcomes also include a felony record and possible license suspension.
If you have been charged with vehicular assault, it is important to seek legal guidance. Often, there is more than your license at stake. A strong defense strategy can defend your license and even your liberty.