In Arizona, your vehicle can be considered a deadly weapon or a dangerous instrument that is equivalent to a firearm or a knife. If the state believes that you used your vehicle as a deadly weapon to intentionally place someone in fear of serious physical injury, then you can be charged with an Aggravated Assault with a Deadly Weapon or Dangerous Instrument.
Even if you do not use your vehicle as a deadly weapon or dangerous instrument, you can be charged with Aggravated Assault if you intentionally, knowingly, or recklessly cause a serious physical injury or substantial disfigurement. In other words, if you get into an automobile accident while you are under the influence of drugs or alcohol, or otherwise violating traffic laws, and that accident results in a serious physical injury or a substantial disfigurement to someone else, you could be charged with an Aggravated Assault.
Vehicular Aggravated Assault is a serious felony that can result in a long prison sentence. Usually, these charges are alleged to be dangerous nature offenses. This means that a conviction will result in a multiple year prison sentence, even if it’s your first offense.
There are many ways to defend against charges of Vehicular Aggravated Assault. It is important to examine the procedures police used to investigate the case. It is also important to do an independent investigation and attempt to locate witnesses and other evidence the police may have missed. Often, defending these cases is similar to defending DUI cases. Many times, however, the cause of the accident must be challenged. This requires thorough investigation and consultation with experts in accident reconstruction.
When you are facing charges with such severe consequences, it is critical that you are represented by an attorney who knows this area of the law. At Leonardo Law Offices, we are experienced in handling Vehicular Assault cases and have had good results. For a free consultation, call our Tucson, Arizona office at (520) 314-4125 or contact us online.
Consult the following links for more information about Arizona Criminal and DUI laws, as well as local court information: