An auto accident may entail more than
just a civil lawsuit for personal injury or property damage. For the most part,
a negligently caused accident can result in a criminal charge being filed by state
prosecutors against the perpetrator. This crime by most states in the country
termed vehicular assault.
The
specifics
The specifics vary from state to state
but your Atlanta, GA
criminal defense lawyer will know the difference, but in general, a
vehicular assault charge can be filed when a driver causes and accident which
results in an injury while driving in a careless or reckless manner, while
driving drunk or under the effect of drugs, or while driving on a revoked or
suspended drivers’ permit.
In some states, the injury caused needs
to be of a serious nature for the crime to classify as a vehicular assault. In
extreme cases where the accidents leads to a death, vehicular assault charges
are escalated to a charge/crime termed as vehicular manslaughter. This is a
more serious crime that comes with some very grave consequences. Anyone faced with
such charges should waste no time in consulting with a Georgia criminal defense
attorney to build a solid defense strategy.
They do not build themselves and the
chances of you walking into a fabulous lawyer in the front of your home and
even knowing they are a lawyer in the first place is unlikely. You are going to
have to make the first move. It is no different than having alcohol problems
and then deciding to attend an AA meeting. No one is going to make you, well,
unless a court orders you to attend AA meetings. No court is going to make you
hire a decent lawyer though.
What
is the legal definition of a motor vehicle?
The law books refer to cars and other
vehicles as motor vehicles. For DUI charges, vehicular
assault charges, and vehicular manslaughter charges, there needs to be a
motor vehicle involved. So what exactly qualifies as a motor vehicle?
As per state legislation in the majority
of states, a motor vehicle can be a car, a truck, a motorcycle, a sports
utility vehicle, a snow mobile, an all-terrain vehicle, watercraft, train, and
aircraft.
Is
vehicular assault a misdemeanor charge or a felony charge?
Once again, this entirely depends on the
jurisdiction of the state where the incident occurred. In many states, vehicular
assault is a felony. These are the same states that require the injury caused
to be of a serious nature for a crime to classify as a vehicular assault. This
is where an Atlanta, GA criminal defense lawyer comes into the picture, so
there is no ambiguity and you know exactly what is going on and pretty much why.
In other states, the charge maybe 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.
If you have been involved in an auto
accident and are facing vehicular assault charges, the best course of action
would be to immediately consult a Georgia criminal defense lawyer and discuss
your case. The longer you wait, the harder it is going to be to build a
credible defense.
Keep in mind that vehicular assault is a
serious crime where punishments for a conviction can be very harsh and life
altering indeed. Your lawyer will evaluate your case and determine whether
there are any grounds for a dismissal based on several factors that includes
evidence, witness reports, police reports, and other relevant factors. You can find
that much needed legal help right here: http://criminal-defense.usattorneys.com/georgia/.
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