Most people don’t believe it until it happens to them, but there are many different actions involving your car that can result in vehicular assault charges. In Arizona, assault and in some cases murder, can all be committed with a vehicle. In a very real way, a car can be considered a deadly weapon.
Some of the charges you can face include:
- Aggravated Assault (injury caused by a dangerous instrument)
- Manslaughter (your actions were reckless)
- Second degree murder (if you showed extreme indifference to another life)
- Negligent homicide (your actions grossly deviated from what a normal person would do)
Arizona prosecutors take aggressive action in vehicular assault cases related to drunk driving, driving under the influence of drugs, or road rage. In DUI cases, especially, the law is well developed and consequences are steep. Prosecutors dedicate extensive time, energy, and resources into making criminal charges stick.
It is critical to work with an attorney who understands what prosecutors are thinking. At Suzuki Law Offices, our Phoenix vehicular assault lawyers are former state and federal prosecutors. Because we have seen Arizona courts from both sides of the courtroom, we are well prepared to achieve favorable results in complex vehicular assault cases.
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Vehicular Aggravated Assault Charges
Although Arizona does not have a specific statute covering vehicular assault, you can be charged with aggravated assault if you caused injury to someone using a vehicle under A.R.S. 13-1204.
Aggravated assault using a vehicle can be charged if:
- You caused serious physical injury to another person
- You used a deadly instrument or weapon (such as a motor vehicle)
- Your assault caused temporary but substantial disfigurement of a body part
Since motor vehicles are considered dangerous instruments, this type of charge is more serious than a simple DUI. Injuring or causing death to another individual can lead to substantial penalties, such as longer incarceration and higher fines on top of other DUI penalties such as a suspended or revoked license.
Phoenix Vehicular Assault Defense Lawyer Near Me 602-682-5270
Let a Phoenix Vehicular Assault Lawyer Review Your Case for Free
At Suzuki Law Offices, we are dedicated to protecting the rights, freedoms, and futures of clients facing vehicular assault charges in Phoenix. As one of the most serious DUI allegations one can face, vehicular assault charges demand the attention of experienced lawyers.
FAQ About Assault Using a Motor Vehicle
Each case is different. The results of a vehicular assault case depend on several factors, including who was driving and whether the law enforcement officers were using proper criminal procedure. At Suzuki Law Offices, we partner with experienced investigators who help us examine the facts of vehicular assault cases. The facts of your case can have a significant impact on the consequences you face.
Can prosecutors really prove that you were driving?
Despite what you might think, this is not as easy as it seems to prove in court. The prosecution must prove every element of a crime in order to get a conviction. Failure to prove just one critical thing can mean that you are found not guilty of vehicular assault.
Were you driving while drunk or high?
Law enforcement can prove whether or not you were impaired through mandatory breath and blood tests. However, the law regulates when and how these tests can be given, and sometimes the results are inaccurate. If tests were given at the wrong time, using the wrong procedures or by inexperienced testers, the test results may not be admissible in your case.
Did law enforcement use proper procedure?
When law enforcement officers do not follow the proper procedures, they often collect evidence and statements from you illegally. It may be possible to get evidence excluded from court, weakening the prosecution’s case against you. In some cases, the charges are dropped when the critical evidence is gone from the courtroom.
What do the witnesses say?
Witnesses’ testimony can make or break your case. In many situations, however, witness testimony can be proven to be unreliable, so it is critical to work with a lawyer who is a good judge of how a trial will play out in the courtroom.
Is there more evidence out there?
There may be other factors that you have not yet considered. For example, evidence of physical damage to a vehicle can play a big part in your case. Make sure that it isn’t lost or destroyed when the vehicle is replaced.