Montrose Vehicular Assault Attorney
Being charged with vehicular assault can have serious consequences for your freedom, driving privileges, and future. As a trusted Montrose Vehicular Assault Lawyer, The Martin Law Firm is dedicated to providing aggressive, experienced defense to protect your rights at every stage of the legal process. We understand Colorado’s laws and the local court system, and we work tirelessly to challenge evidence, reduce penalties, and pursue the best possible outcome for our clients. If you are facing vehicular assault charges, having the right attorney on your side is critical to safeguarding your future.
What is Considered Vehicular Assault in Colorado?
Vehicular assault occurs when a person operates a vehicle in a reckless or unsafe manner, causing serious bodily injury to another individual. If alcohol or drugs are involved, the offense is considered a strict liability crime. This means a person can be charged with vehicular assault regardless of intent, simply based on the fact that substances impaired their driving.
The state of Colorado takes these offenses very seriously. Vehicular assault charges often arise in cases involving drunk driving accidents, aggressive or distracted driving, or other reckless behaviors. Similar to assault with a deadly weapon, a car can be considered a weapon when serious injury occurs.
Reckless Driving and DUI as Causes of Vehicular Assault
Reckless driving includes actions that demonstrate a disregard for safety rules or the rights of others. Examples include:
- Speeding through red lights or stop signs
- Tailgating or aggressive following
- Swerving within or across lanes
- Distracted driving, such as texting or using a phone
- Excessive speeding in residential areas
Driving under the influence refers to operating a vehicle after consuming alcohol or drugs. These substances impair judgment, coordination, and reaction time, increasing the risk of accidents and serious injuries. Both reckless driving and DUI incidents can lead to a vehicular assault charge if someone is harmed as a result.
Serious Bodily Injury Explained
A serious bodily injury is defined as an injury that could result in:
- Permanent disability or disfigurement
- Life-threatening conditions
- Fractures or broken bones
- Severe burns
Even if the injury is temporary, the legal system treats vehicular assault as a serious felony due to the potential for long-term consequences to the victim.
Classifications and Consequences of Vehicular Assault Charges
The penalties for vehicular assault in Colorado depend on the circumstances of the incident and whether drugs or alcohol were involved.
- Class 4 Felony: Vehicular assault caused while under the influence of alcohol or drugs.
- Prison term: 2–6 years (up to 12 years for aggravating circumstances)
- Fines: $2,000–$500,000
- Legal reference: 18-1-305(1)(b), C.R.S.
- Class 5 Felony: Vehicular assault resulting from reckless driving without substances.
- Prison term: 1–3 years (up to 6 years for aggravating circumstances)
- Fines: $1,000–$100,000
- Legal reference: 18-1-305(1)(a), C.R.S.
A conviction can have lasting effects beyond prison or fines. You may face probation, restrictions on your driving privileges, and long-term impacts on employment, insurance, and personal reputation.
Chemical Testing and Legal Rights
If law enforcement suspects a vehicular assault involving alcohol or drugs, you may be required to submit to blood, breath, or urine testing. Refusing testing can result in a minimum one-year license suspension. Cooperation during testing is also critical, as noncompliance may be treated as refusal.
Unlike standard DUI cases, officers investigating vehicular assault have broader authority to enforce testing if probable cause exists. This makes having an experienced attorney by your side essential for protecting your rights and challenging any procedural errors in testing or evidence collection.
Defense Strategies for Vehicular Assault Charges
Defending a vehicular assault case involves careful investigation and a tailored strategy. Some areas of focus include:
- Examining police reports and accident reconstructions for inconsistencies
- Reviewing witness statements for credibility
- Assessing whether law enforcement followed proper procedures during arrest and testing
- Investigating potential mitigating factors or alternative explanations for the incident
Every case is unique, and building a strong defense requires both experience and attention to detail. Our team works closely with clients to understand the circumstances and pursue the best possible outcomes, whether that means case dismissal, reduction of charges, or favorable plea agreements.
Getting Immediate Legal Assistance
Vehicular assault cases are complex and have long-term consequences. Early legal intervention can:
- Protect your rights during questioning and evidence collection
- Ensure proper legal procedures are followed by law enforcement
- Help reduce potential penalties through plea negotiations or alternative sentencing
- Provide guidance on interactions with insurance companies and civil claims
Our goal is to support clients through the legal process, giving them clarity and confidence while we fight for the best possible result.
Call Our Vehicular Assault Lawyers Today
If you’re facing a vehicular assault charge in Montrose, the legal consequences can be severe. Colorado law treats these offenses seriously, and a conviction can lead to significant penalties, including prison time, fines, and a permanent criminal record. It’s crucial to have experienced legal representation to navigate the complexities of your case. Our team is dedicated to protecting your rights and working towards the best possible outcome for your case. Contact us today at (970) 730-4354 for a free consultation and take the first step in securing your future.
MARTIN
Practice Areas
SCHEDULE A CONSULTATION
Set up a free initial consultation with us today. All inquiries will be responded to within 24 hours.
Testimonials
Your First Step Toward Justice
Protecting Your Rights Starts Here
We know that legal matters can be stressful, and that’s why we focus on giving personal attention to every client. From your first consultation to the resolution of your case, we work closely with you to make sure you understand the process and feel supported every step of the way.
Mr. Martin is available to meet with clients both virtually and in person after weekday hours and on weekends. The Martin Law Firm utilizes LawPay for payment plans with approved credit card and debit card. In all criminal cases there is a retainer on a Flat Fee basis.
Initial consultations are no charge, and payment plans are available for those who need them. Call us today to discuss your case and start protecting your rights: (970) 730-4354
SCHEDULE A CONSULTATION
Set up a free initial consultation with us today. All inquiries will be responded to within 24 hours.
The Martin Law Firm