Vehicular Assault

Common objects we use daily have the potential to cause bodily harm if used in a careless or malicious manner. A motor vehicle can be categorized as a dangerous instrument capable of causing death or serious bodily injury.

One of the categorized instances of "dangerous instruments" is Vehicular Assault. States vary on whether they consider vehicular assault as a misdemeanor or felony. If the assault results in serious bodily harm, the driver can expect to spend a significant amount of time in jail; if the results are less severe, the charge can be reduced to a misdemeanor. Drivers must understand their limitations when operating a motor vehicle and the consequences of operating a motor vehicle in a reckless manner

What is Vehicular Assault?

Vehicular Assault is a crime that involves the use of an automobile to injure somebody else or threaten them with harm. For instance, if a driver is recklessly driving a car and causes an accident, which leaves someone suffering "substantial bodily injuries," the driver will be charged with Vehicular Assault. They could also be driving with a disregard for the safety of others, under a suspended driver's license, or under the influence of alcohol. As a result, the perpetrator is liable in civil court for the damage or the injury they cause, and they can be charged with either a misdemeanor or a felony. The victim can be a pedestrian, a passenger in the offender’s car, as well as a driver or passenger in another motor vehicle. Some states went further and extended the definition of "victim" to contain an unborn child.

Since Vehicular Assault can cause serious, life-threatening injuries, these tragic consequences make it carry rougher punishments. For instance, in the state of Washington, Vehicular Assault is a Level IV offense, meaning that even someone with no criminal history will still face significant jail time if they’re found guilty of committing this crime. Furthermore, Vehicular Assault is classified as a Class B Felony, which is punishable by up to 10 years of imprisonment and a $25,000 fine

Aggravated Vehicular Assault

When the driver causes serious physical harm while recklessly driving a car under the influence of alcohol or drugs, the offense can be elevated to Aggravated Vehicular Assault, which is a more severe offense, usually charged as a third-degree felony and punishable by 12 to 60 months in prison and carrying a fine of up to $10,000.

Serious bodily injuries consist of disabling injuries for life. As a consequence, the victim cannot drive, walk, or normally perform daily activities as before the accident happened. This type of injury often results in broken bones, the loss of an organ or limb, protracted and obvious disfigurement, severe internal damage or permanent scars.

Bruises caused by a car crash do not qualify as "serious bodily harm", unless they are on the face and they require surgery or leave visible, disfiguring scars.

Criminal statutes vary from one state to another. However, there are some general rules about what exactly constitutes a serious injury and how severe a bodily injury must be to get featured in this category, such as the following:

Criminal Vehicular Assault Charges

As a rule, vehicular assault involves a minimum mandatory jail time that varies between one and five years: the more serious the consequences, the more severe the punishments.

Depending on the state, a first-time Vehicular Assault offense could be a Class D felony and carry a minimum compulsory jail sentence of 48 consecutive hours. It also carries a one-year driver's license suspension, additional fines and court costs, and no chance of obtaining a restricted license. Subsequent offenses bring even harsher sentences.

A person’s criminal past is a valuable factor in deciding the punishment for a Vehicular Assault conviction. For instance, if the driver has prior alcohol-related offenses (traffic-related homicide or DUI), the penalties are tougher, and a minimum mandatory jail sentence could be increased from 2 days to 45 days. For two previous alcohol-related convictions, it jumps to 120 days, while three priors extend it to 150 days.

A second-offense Vehicular Assault charge is punishable with a two-year mandatory license revocation and more jail time. Third offenses imply a fixed revocation period of three years. During this time, the offender is denied any restricted or provisional license and cannot drive on any state roadways.

Finding out as soon as possible if someone has a Vehicular Assault offense in their criminal history is a matter of personal and public safety. Our fast and easy driving records lookup tool allows anyone to access this information and more from the comfort of their laptop or smartphone.

Is Vehicular Assault a Misdemeanor or Felony?

A felony vehicular assault charge requires a significant amount of bodily harm or injury, as described above, while a less severe assault may be reduced to a misdemeanor. State laws vary on vehicular assault charges. In all states and territories, vehicular assault is a criminal act, punishable as a serious misdemeanor or felony.

The level of injury to another person or property and a person’s criminal history are often deciding factors on whether the state classifies the punishment as a misdemeanor or felony. In most states, a felony vehicular assault charge is recommended if the driver causes significant bodily harm while driving under the influence. Misdemeanor charges are considered if the consequences of the assault are less severe.

States have the ability to classify and define the crimes that happen in their jurisdiction, and classifications vary wildly from state to state. A few states classify vehicular assault as a felony if the driver is under the influence and causes harm to another person; in other states, the charges are a misdemeanor.

Some states have more than one level of vehicular assault, such as first-, second-, and third-degree assault. State jurisdictions may classify first-degree vehicular assaults as a felony, while second and third-degree charges are defined as misdemeanors. For example, N.Y. Penal Law § 120.03 defines vehicular assault as a class E felony when any person causes serious physical injury with a combined influence of intoxication or impaired by drugs.

Reasons Leading to Vehicular Assault

Under the law, there are two types of causation: proximate cause and cause-in-fact.Proximate Cause is the actual reason, legally sufficient to support a liability charge. Even though plenty of actual causal reasons may exist, the law does not attach liability to every actor involved. As the cause becomes more direct and influential for an injury to occur, such as road rage or driving while intoxicated, the standard for calling any action a proximate cause increases rapidly.

Road Rage

A simple definition of road rage may be defined as violent anger caused by stress and frustration while driving a motor vehicle in difficult situations. However, this uncomplicated interpretation in no way defines the true meaning of road rage. Road rage is not a shopper at a grocery store yelling at another for a parking spot; it is being cut off on the interstate, and the driver is so enraged they retaliate by ramming a vehicle or discharging their firearm.

NHTSA (National Highway Traffic and Safety Administration) makes a clear distinction between aggressive driving and road rage. The results of driving aggressively usually involve a traffic offense, whereas the causation of road rage is intense anger, culminating in a criminal charge of vehicular assault.

Extreme cases of road rage can be so acute and overwhelming they result in vehicular homicide or manslaughter. A higher burden of proof is required with vehicular homicide. Prosecutors must have substantial proof that a driver engaged in such reckless behavior as to cause the death of another person. Manslaughter cases focus more on the lack of reasonable care or negligence.

There is a fine line between aggressive driving and road rage, and the distinction is difficult to quantify. Aggressive driving is not road rage; however, aggressive drivers can quickly become frustrated, and the next step is road rage.

Jail time, penalties, and other fees for aggressive driving and road rage depend on the severity of the offense. In most states, minimum fines for aggressive driving charges start at $1000 to $3000. In many instances, road rage is an aggressive assault by a vehicle, and depending on severity, the bare minimum is usually one year of jail time.

Drunk Driving

Vehicular assault is an automatic felony charge in several states if the driver recklessly causes serious bodily harm to another person as a proximate result of their alcohol or drug intoxication.

Statistics for drunk driving are staggering and worsen each year. In the United States alone, one person dies every 39 minutes because of a drunk driver, and nearly 800 people are injured daily. In 2022, 13,524 people died due to a driver operating a vehicle while intoxicated by alcohol. A tragic irony is that drunk drivers are more likely to survive a deadly crash than their sober counterparts while leaving the hospital much sooner.

Texas, among other states, takes a very dim view of any person causing severe bodily harm to another person while operating a vehicle intoxicated by alcohol or drugs. Texas refers to basic DWI as Intoxication Assault, and Texas Penal Code § 49.07 states that because of the driver’s impairment, it does not matter if the injuries were caused by accident, mistake, or with intent; the charges will result in a third-degree felony. The driver may face additional penalties depending on the severity of the bodily injury and who was injured.

In other Texas Penal Codes, the offense is enhanced to a second-degree felony if the injured person lapses into a vegetative state or the injured is a peace officer, firefighter, or medical emergency personnel. To prove the state’s case of intoxication assault, prosecutors must show a causal link between the intoxicated driver and injuries to another person.

Penalties for intoxication assault for most states are severe, starting at 2 to 10 years in prison, with fines of up to $10,000, loss of driving privileges, and fees to reinstate driving privileges. Intoxication manslaughter charges span 2 to 20 years. Several states provide much harsher prison time and penalties for drivers who cause bodily harm while intoxicated.

Defense Against Vehicular Assault Charges

The prosecution is responsible for the burden of proof in any civil or criminal case for vehicular assault; the accused is presumed innocent until proven guilty. Common standards for the burden of proof include beyond a reasonable doubt, preponderance of the evidence, clear and convincing evidence, reasonable suspicion, and probable cause.

Common strategies for the charge of vehicular assault may include police errors and credibility, discrediting prosecution witnesses, lack of evidence, reasonable doubt, and constitutional violations. Unique defensive strategies include insanity, entrapment, or mistaken identity.

Lack of Intent

"I didn't do it on purpose", surprisingly, may be a legal defense for some vehicular manslaughter charges but not for others. The defense will argue a defendant did not intend to cause harm or death. "Lack of Intent" defense hinges on a specific event the prosecution must prove beyond a shadow of a doubt: did the defendant act with the sole intent to cause harm or death?

A distinction between specific or general intent is a fundamental pillar of criminal law. A state of mind or intent when committing a crime determines the culpability of the defendant. In a vehicular assault case, the prosecution is charged with establishing the defendant not only engaged in a prohibited act but also harbored the intent to commit the specific act.

Lack of knowledge or willful disregard for the law does not absolve a defendant. Whether a vehicular assault charge is civil or criminal, the intent is always a thorny issue when arguing the case. There are generally four types of intent in criminal law affecting a specific case such as vehicular assault: purposeful, knowing, reckless, and negligent.

Criminal exposure and degrees of punishment depend on the intent of each actor in the event. For example, if a person drives a car with a passenger and fails to stop at a stop sign and a collision occurs, in that case the driver will generally face civil responsibility for driving recklessly. However, if the event results in a person being severely harmed, "was there specific intent to harm the person".

Self-Defense

Self-defense is one of the most familiar strategies used in civil and criminal cases. It is defined as a countermeasure that gives oneself a defense from harm. In most jurisdictions across the country, the use of force, even deadly force, is justified in times of danger. Under common law interpretation, the Castle Doctrine enforces the term ‘My Home is My Castle", and in familiar terms, it is the Stand My Ground concept.

The Castle Doctrine specifies that a person’s abode extends to any legally occupied place, including an automobile. When the defendant is charged with vehicular manslaughter or aggravated vehicular assault, one of the strategies considered is an affirmative defense.

In one of the most famous cases of affirmative defense, George Zimmerman shot and killed Trayvon Martin, an unarmed black teenager. Attorneys for the Florida Neighborhood Watch argued Zimmerman acted in self-defense. Zimmerman’s actions were problematic; however, the jury found no compelling evidence he acted outside of the law.

The definition of affirmative defense is defined differently across the United States. However, there are clear commonalities within each jurisdiction. An affirmative defense or self-defense is one in which the defendant introduces evidence, if found to be credible, negates civil or criminal liability even if it is proven the defendant committed the alleged acts.

The success of a self-defense claim depends on convincing the judge that a defendant had a reasonable fear for their life. The claims often put the target of force on trial, and the question then becomes whether the person who was harmed was reasonably perceived as threatening.

Vehicular Assault and Vehicular Manslaughter

The main difference between "Vehicular Assault" and "Vehicular Manslaughter" is the level of the injuries caused. If the victim dies, the driver is charged with the crime known as "Vehicular Homicide" or "Vehicular Manslaughter", which is usually a second-degree felony, and upon conviction, the punishment is up to 15 years of imprisonment for the defendant.