Vehicular Aggravated Assault is a Class 3 Dangerous Felony

by Aaron Black • April 21, 2016
The most common way to be charged with Vehicular Aggravated Assault is when someone suffers a serious physical injury in an auto accident and the driver was found to be intoxicated, high on drugs or speeding excessively.

Aggravated assault can be committed in two different ways

  1. Intentionally, knowingly or recklessly cause serious physical injury or substantial disfigurement to another
  2. Using a deadly weapon or dangerous instrument to intentionally place someone in imminent fear of serious physical injury

If you have been charged with Vehicular Aggravated Assault the prosecution must prove that the defendant was DUI or Speeding. In Arizona both DUI and Speeding are considered "reckless".

"Recklessly" means: with respect to a result or to a circumstance described by a statute defining an offense that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk. Click here to read more about ARS 13-105 (10)(c).

In short this means that the prosecutor will try to prove "reckless" conduct by showing that the defendant was drunk (DUI), speeding, or high. The defense attorney's goal through investigation is to show there was no DUI and that someone else caused the accident.

There are numerous defenses to DUI Vehicular Aggravated Assault, including

  • You were below the legal limit
  • You were not impaired
  • An illegal blood draw was performed
  • There was no probable cause to arrest
There are many other defenses to Vehicular Aggravated Assault and often the auto accident was caused by the other person. If the other party violated the law by making an illegal turn, speeding, etc., there may be a defense to Vehicular Aggravated Assault.

Aggravated assault in Phoenix is a class 3 dangerous felony and if convicted the charge carries a mandatory five (5) to fifteen (15) years in prison. If the victim is under fifteen (15) years old you may be charged with a class 2 Dangerous Felony which carries a mandatory prison sentence of seven (7) to twenty-one (21) years in prison.

If you have been charged with Vehicular Aggravated Assault based on reckless conduct due to a DUI click here to contact Aaron or call 480-729-1683 for a free consultation today!


About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
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