Phoenix Vehicular Assault Lawyer
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Vehicular Assault Defense Lawyer
- To cause an injury knowingly or recklessly to another person (class 1 misdemeanor); or
- To intentionally place someone in reasonable fear of imminent physical injury (class 2 misdemeanor); or
- To knowingly touch another person intending to insult, injury or provoke that person (class 3 misdemeanor).
What is Vehicular Aggravated Assault in Arizona?
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Classification and Penalties for Vehicular Aggravated Assault
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Defenses to Vehicular Aggravated Assault
There are a number of possible defenses to a charge of aggravated assault involving a vehicle. Here are some examples:
- Lack of Intentional or Reckless Conduct. Always remember that is the obligation of the prosecution to prove every element of a crime beyond a reasonable doubt. In order to be convicted of aggravated vehicular assault, there must be proof of reckless or intentional acts on your part leading. Without that intentional or reckless behavior, there generally will be no sustainable aggravated assault charge. It must be intentional or reckless, to the degree that you were aware of a significant risk of injury, and that you consciously disregard that risk. Mere negligence will not suffice.
- Lack of Causation. Many of these cases involve DUI. The defense may consist of challenging the claim that you were driving under the influence of alcohol and/or drugs or challenging the allegation that you were engaged in some other behavior which was determined to be reckless. Even if you were intoxicated within the meaning of the DUI laws, or engaged in other reckless acts, that, in and of itself, is not enough to prove aggravated vehicular assault. If, for example, you had a blood alcohol content of 0.08, and were therefore in violation of the DUI law, the prosecutor must still prove causation, i.e., that your actions were the cause of the collision, injury, etc. For example, if you were sitting at a red light, went into the intersection after it turned green in your favor, and were broadsided by another car which ran a red light, you are not guilty of aggravated assault, or any assault for that matter. The cause of the accident was not your actions, there was no reckless or intentional behavior on your part, and the accident/injury was caused by the actions of the other driving, who ran the red light.
Other defenses may apply, depending upon the circumstances of your case.
Vehicular Assault Attorney in Phoenix, AZ
If you are charged with aggravated assault involving a vehicle, you are facing a serious felony charge. You need to make sure that all avenues of your defense are covered. We will fight for a dismissal or a not guilty verdict, if possible. Short of that, a reduction in the charge (from a felony to a misdemeanor) may be possible. For an honest assessment of your case by an experienced criminal defense lawyer, call us for a free consultation.