Vehicular Aggravated Assault carries stiff penalties in Phoenix Arizona

by Aaron Black • July 06, 2016
Vehicular Aggravated AssaultVehicular Aggravated assault in Phoenix is simply someone driving under the influence when an accident occurred causing serious physical injury such as someone breaking a bone or sustaining a deep cut. Vehicular Aggravated assault can be committed in a couple of different ways.
  • Intentionally, knowingly and recklessly causing serious physical injury or substantial disfigurement to another.
  • Using a deadly weapon or dangerous instrument to intentionally place someone other than yourself in imminent fear of serious physical injury.
The most common way to be charged with a Vehicular Aggravated Assault is when someone is suspected of driving while under the influence of alcohol or drugs or they were driving at excess speeds when they injured someone as a result of an auto accident.

Penalties for Vehicular Aggravated Assault

Vehicular Aggravated Assault is when the driver was under the influence or speeding and an auto accident caused a serious physical injury to others. This is considered a class 3 Dangerous Felony. If convicted of a class 3 dangerous felony, you will face a mandatory five (5) to fifteen (15) years in prison.

If the person that was injured was under fifteen (15) years old, you will then be charged with a class 2 Dangerous Felony which carries a mandatory prison sentence of seven (7) to twenty-one (21) years in prison.

With the severity of penalties, I simply cannot urge you enough to think before you get behind the wheel!
If you have been charged with Vehicular Aggravated Assault, the prosecution must prove that the defendant was actually driving under the influence (DUI) or Speeding. Both actions are considered "reckless" in Arizona.

"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. This is classified under ARS 13-1204.

If you have been charged with aggravated assault the Prosecutor will try to prove "reckless" conduct by showing that the defendant was driving under the influence of alcohol, speeding, or high.

On the other hand, it is the Phoenix  Criminal Defense Attorney's goal to prove that their client through investigation prove to the court that the defendant was not under the influence and that someone or some other factor caused the accident. At the Law Office of Aaron Black, I personally and aggressively defend vehicular cases and many of my cases have resulted in dismissals, not guilty verdicts, no jail time, or substantially reduced charges.

If you have been charged with Vehicular Aggravated Assault in Phoenix, contact the Law Office of Aaron Black or call 480-729-1683 for a free telephonic consultation .
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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