Have you ever heard of aggravated assault with a vehicle? If so, you might be wondering if the charge it carries is as serious as it sounds. Aggravated assault with a vehicle can carry penalties that include jail time and lifelong felony status. Therefore, it is important for someone facing aggravated assault with a vehicle charge to understand all of the consequences that will result from a conviction. They should ensure that they hire a law firm such as Lane, Hupp, & Crowley because their lawyers can handle vehicle aggravated assault cases.
This article will help you learn more about an aggravated assault with a vehicle and the penalties it carries.
What Is Considered Aggravated Assault With a Vehicle?
The exact language of the law defines aggravated assault with a vehicle as knowingly causing serious bodily injury to another person while operating an automobile, truck, bus, motorcycle, or bicycle. This means that someone can be convicted of aggravated assault with a vehicle under this law if they cause serious bodily injury while operating one of these vehicles. In addition, in most states in the US, the penalty for aggravated assault with a vehicle is a felony. This means that an individual will have to spend time in prison, ranging from one to ten years for a misdemeanor charge and up to twenty years in prison or even life for a felony charge.
In most cases, this charge is heard by the court where the incident occurred, or where an individual resides or is arrested. To convict someone of this offense, it must be shown that there was intent to cause serious bodily injury while operating a moving vehicle.
Aggravated Assault With A Vehicle Penalties And Punishments
In some states, the punishment for a conviction of aggravated assault with a vehicle can include a fine, probation, loss of driving privileges, and community service. In some cases, the charge can be elevated to a felony due to factors such as aggravating circumstances or prior convictions. The degree of the crime depends on the particular state laws. However, in most states, this crime is considered a felony, which means that the penalty is up to 20 years in prison or even life if there are prior convictions. With a misdemeanor, the penalty will be at least one year in jail and possible probation and fines depending on aggravating circumstances.
What To Do If The Police Arrest You For Aggravated Assault With A Vehicle
When you are charged with aggravated assault with a vehicle, you should contact an experienced criminal defense lawyer as soon as possible. A criminal defense lawyer who has experience with aggravated assault cases can advise you of your rights. They will also help you work to resolve the issue through alternative methods. However, you also have to put the following points in your mind.
- Do not try to talk your way out of the charge.
- Do not try to make up a story or lie about what happened.
- If the police keep asking you the same questions, do not answer them without a lawyer present. It is a good idea to have an attorney present to protect your rights.
Possible Defenses To Aggravated Assault With A Vehicle
After you are arrested, your attorney will introduce defenses to the charges. The most common defenses to aggravated assault with a vehicle are:
- There was no intent to cause serious bodily injury. This is often an essential defense for someone facing aggravated assault with a vehicle because it means that they did not intend to cause serious bodily injury while operating a moving vehicle.
- The person was not operating the car they were in at the time the crime occurred. This is called acting within the scope of employment or acting within the course of employment.
- The charge cannot be proven beyond a reasonable doubt. This means that it is not sure that the person was operating the vehicle or that they caused bodily injury.
- Self-defense in some cases.
Driving Under The Influence – Aggravated Assault With A Vehicle
If you are charged with an Aggravated Assault with a Vehicle while driving under the influence, this charge would be enhanced based on your BAC level. For example, if you are found to be operating your vehicle with a 0.08% BAC or higher, you could be charged with aggravated assault with a vehicle while under the influence.
This means that your jail time for aggravated assault will be increased by a certain number of days, depending on the offense level. If you are convicted of driving under the influence while committing aggravated assault with a vehicle, this could increase your sentence by a few more months or years. However, in many states, this crime is considered a felony, which could double the penalties.
Aggravated assault with a vehicle can be a very serious charge to face. It does not matter if the person did not intend to cause serious bodily injury while operating a car or another motor vehicle. Most states have severe punishments for someone who commits this offense. Therefore, it is important that you hire the best lawyer to try and get your charges dismissed. A qualified criminal defense team could work hard to get the charges dismissed or reduced based on the circumstances of your case and your background and criminal history. They will also advise you of your rights and give you an idea of what evidence the prosecution has against you so that you can prepare for your court appearance in order to get out of jail as soon as possible.
