Thursday, December 17, 2015

When can you be charged with vehicular assault?

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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