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!