Vehicular assault is a very serious crime with a wide range of punishments depending on its classification. If you are found guilty of a vehicular assault charge, you can spend up to 8 years in prison and face a fine as high as $15,000. These crimes also include a license suspension that can last up to 10 years.
It’s in your best interest to work with our experienced Toledo vehicular assault crimes lawyers at Patituce & Associates.
Our legal team has over thirty years of experience with more than 200 criminal cases going to trial. Our attorneys come from a variety of different backgrounds and many have experience on the other side as former prosecutors. Our violent crime lawyers take a unique approach to each trial and build the strongest possible legal defense for every client.
Call us today at 419-737-4556 to schedule a free consultation to discuss your case.
What Are Vehicular Assault Crimes in Ohio?
In Ohio, a vehicular assault crime is an offense where one party causes harm to another while operating a motor vehicle. The severity of the charge will vary according to the circumstances of the case, such as whether you were driving drunk or without a license. Potential offenses are separated into different categories with different punishments depending on these additional circumstances.
What Are the Two Types of Vehicular Assault Charges?
Ohio Code Section 2903.08 defines vehicular assault and aggravated vehicular assault.
Simple Vehicular Assault
A simple vehicular assault charge may be classified as either a misdemeanor or a felony. If, while operating a vehicle, you cause serious harm to another person due to speeding or reckless driving, then it will initially be considered a first-degree misdemeanor. However, if you were operating the vehicle with a suspended license, then it will automatically escalate to a fourth-degree felony.
Aggravated Vehicular Assault
Aggravated vehicular assault is an even more severe offense. It is also a felony that carries a significant fine, prison sentence, and license suspension. For a vehicular assault charge to become an aggravated vehicular assault charge, you must be operating the vehicle while under the influence of drugs or alcohol.
This charge is classified as a third-degree felony. If you were also operating the vehicle with a suspended license or if you have a history of similar charges within the last ten years, then it will be elevated to a second-degree felony.
What Are the Penalties for Vehicular Assault in Ohio?
- First-Degree Misdemeanor Vehicular Assault: A first-degree misdemeanor in Ohio carries a jail sentence of up to 6 months and a fine of up to $1,000.
- Fourth-Degree Felony Vehicular Assault: A fourth-degree felony comes with a maximum prison sentence of 18 months and a maximum fine of $5,000. It can also include a class four license suspension that lasts for a period between 1 and 5 years.
- Third-Degree Felony Aggravated Vehicular Assault: Prison sentence between 1 and 5 years with a maximum fine of $10,000. There is also a class three license suspension for a period of 2 to 10 years.
- Second-Degree Felony Aggravated Vehicular Assault: Mandatory prison sentence between 2 and 8 years and a maximum fine of $15,000. This also includes a license suspension that can last up to 10 years.
What Are Some Defenses for Vehicular Assault?
Our goal is often to disprove certain elements that escalate the seriousness of the charge. If a second-degree felony can be reduced to a first-degree misdemeanor, then the consequences will be significantly more manageable.
We analyze all of the evidence used to justify the charges and find the weakest link. We will fight to either beat the charges or reduce the penalties through a plea bargain.
Some possible defenses include:
- Faulty sobriety testing instruments
- Lack of probable cause for DUI stop
- Showing your rights were violated
- Improper seizure of evidence
How Can Patituce & Associates Help in a Vehicular Assault Case?
You should never fight against legal charges without an experienced defense attorney on your side. We handle a variety of complex and tedious tasks that you might not know are necessary if you aren’t familiar with local laws.
We review the prosecution’s evidence and gather our own to help build the best legal defense possible. Our experience in the field and the local courts makes it much easier for us to succeed.
Fight Back With Help From Our Toledo Vehicular Assault Crimes Lawyers
A vehicular assault conviction can negatively impact the rest of your life. You could spend years in prison and then years without a license paying off an expensive fine. But you have a chance to fight back and avoid these serious consequences with help from the right Toledo criminal defense attorneys.
If you’ve been charged with vehicular assault, then you need to start working on your defense today. Pick up the phone and call 419-737-4556 to speak with an experienced vehicular assault crimes lawyer at Patituce & Associates.