Connecticut Vehicular Assault Attorney

Let’s say that you are driving a car, while under the influence of alcohol or drugs, with your boyfriend or girlfriend in the passenger seat. You lose control of the car and hit a tree. You come out of the accident without any injuries, but your significant other needs to be rushed to the hospital for any number of injuries. You might be concerned about the possibility of a DUI charge. You should be more concerned about the possible, even likely, vehicular assault charge of Assault in the Second Degree with a Motor Vehicle.

If you or a loved one is being investigated or has already been arrested for Assault in the Second Degree with a Motor Vehicle, you are likely scared, concerned, and overwhelmed. Call our experienced and dedicated criminal defense lawyers at Black’s Law Group for an initial consultation where we can answer some of your likely questions.

Until then, you can continue reading the rest of this post to learn about some of the basics of the criminal charge of Assault in the Second Degree with a Motor Vehicle.

What is Assault in the Second Degree with a Motor Vehicle?

In Connecticut, a person is guilty of vehicular assault in the second degree when “while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes serious physical injury to another person as a consequence of the effect of such liquor or drug.”

Under Connecticut Model Jury Instructions, the state’s attorney will need to prove three elements beyond a reasonable doubt:

• That you operated a motor vehicle
• That you were under the influence while you operated a motor vehicle
• That your intoxication caused physical injury to another person

Simply put, prosecutors will need to prove that you operated a car while intoxicated, and that your intoxication is the reason that another person was seriously injured. The alleged offense sounds straightforward, but there are real legal defenses available in these cases.

What Types of Criminal Penalties Do I Face?

Vehicular assault in the second degree is a Class D felony. Although this crime does not carry with it a mandatory minimum period of jail time, if you are found guilty, a court can sentence you to up to five years of imprisonment. This crime also carries with it a maximum possible fine of $5,000.00.

Additionally, if the accident damaged another person’s property or left a victim with substantial out-of-pocket expenses for medical care, the court may also order that you pay restitution to that victim. A conviction for this type of felony can also create a criminal record that affects your employment, housing, and reputation for years to come. The substantial fines, jail time, and long-term consequences make it important to take these charges seriously from day one.

What Types of DMV Penalties Do I Face?

Not only does vehicular assault in the second degree carry serious criminal penalties, but you also face serious restrictions on your driving privileges. Any person who is found guilty of this offense will have their driver’s license suspended for a full year.

On top of that year-long suspension, once you are able to begin driving again, you must do so in a vehicle that is equipped with an ignition interlock device for a period of two years. Losing your driver’s license affects your ability to get to work, take care of your family, and handle everyday tasks. These DMV penalties are separate from the criminal case and run alongside any sentence the court imposes.

How a Conviction Affects Your Life Beyond Court

A conviction for vehicular assault does more than result in jail time and substantial fines. It creates a criminal record that follows you. Employers run background checks. Landlords check records. Professional licensing boards look at felony conviction history. A Class D felony for vehicular assault charges can close doors that used to be open.

Constitutional rights are also at stake. A felony conviction can affect your right to vote, your right to possess a firearm, and other civil rights. Connecticut law takes these consequences seriously, which is why having skilled criminal defense lawyers on your side matters so much.

Law enforcement and prosecutors often treat vehicular assault cases aggressively. They build their case quickly after the accident. The sooner you have criminal defense representation, the better positioned you are to protect your rights and challenge the evidence against you.

Defending Against a Vehicular Assault Charge

Like any defense attorney, the best defenses in your case will entirely depend on the particular facts of your case. However, below are some of the typical areas of attack in a vehicular assault case involving a motor vehicle:

• Under the Influence – like any standard DUI matter, part of a defense will be assessing the strengths of the state’s attorney’s case regarding whether you were under the influence. Were there chemical tests and if so, what did they reveal? If no chemical tests were administered, did you actually refuse such a test? If police need to prove your intoxication based on your behavior or conduct, what did they observe and is it corroborated by any other evidence?

• Causation – the state’s attorney also carries the burden of proving that your intoxication caused the accident and accompanying injury to another person. What if the conditions of the road were miserable because it was snowing? What if there was something in the middle of the road that you needed to avoid? What if one of the injured persons was intoxicated and bumped into you while trying to change the radio, forcing your hands off the steering wheel?

Not only are these factual defenses available, but like any other criminal case, any number of specialized, affirmative defenses might apply in your case. Although you may carry the burden in one of these defenses, if available, an experienced defense attorney will leverage them throughout the trial process and if needed, trial itself.

FAQs: Connecticut Vehicular Assault Charges

What is the difference between a DUI and vehicular assault in Connecticut?

A DUI charge focuses on whether you were operating a motor vehicle while under the influence of intoxicating liquor or drugs. Vehicular assault in the second degree goes further. It requires that your intoxication caused serious physical injury to another person. You can be charged with both. However, vehicular assault charges are more serious and carry heavier penalties, including felony status, longer jail time, and a criminal record that lasts for years.

What does the state have to prove to convict me of vehicular assault?

Prosecutors must prove three things beyond a reasonable doubt: that you operated a motor vehicle, that you were under the influence at the time, and that your intoxication caused physical injury to another person. Challenging any one of these elements is a legitimate defense strategy. For example, questioning the reliability of chemical tests or showing that the accident had another cause can weaken the state’s attorney’s case significantly.

Will I go to jail if convicted of vehicular assault in Connecticut?

A conviction for vehicular assault in the second degree, a Class D felony, can result in up to five years of imprisonment, though there is no mandatory minimum jail time. The actual sentence depends on the facts, your criminal history, and how the case is handled. Prosecutors may push for maximum penalties. Having experienced criminal defense lawyers fighting for you can make a real difference in how much jail time, if any, you face.

Can vehicular assault charges be reduced or dismissed?

Yes, in some cases. Whether charges can be reduced or dismissed depends on the evidence, the strength of the state’s attorney’s case, and the skill of your criminal defense attorney. If there are problems with how police gathered evidence, how chemical tests were administered, or how law enforcement handled the investigation, those issues can be raised to challenge the case. An experienced attorney will look at every detail to find the strongest path forward.

What should I do if police arrested me for vehicular assault in Connecticut?

Do not answer questions from law enforcement without a lawyer present. You have constitutional rights, including the right to remain silent and the right to an attorney. Exercise them. Anything you say after being arrested can be used against you at trial. Contact criminal defense lawyers as soon as possible. The earlier you have legal help, the better your chances of protecting your rights and getting the best possible outcome in your motor vehicle case.

Contact Our Connecticut Vehicular Assault Defense Team

If you or someone you love is facing vehicular assault charges or a DUI arrest, call the Connecticut criminal defense lawyers at Black’s Law Group for a free consultation. Vehicular assault arrests place you in the crosshairs of the criminal justice system and the Department of Motor Vehicles, but can also affect your job, your family, and your reputation in the community. You or your loved one is probably scared of what lies ahead.

You will want to hire the right team of Connecticut defense attorneys to thoroughly evaluate and investigate your motor vehicle case, and then guide it to the best possible outcome. That’s where Black’s Law Group comes in. Our criminal defense team understands how prosecutors build these cases and how to challenge them effectively. We handle all court appearances and work hard to protect your constitutional rights every step of the way.

Call Black’s now at 203-504-9517 to schedule your free initial consultation. There is no obligation, no pressure, and no cost to speak with us.