If you are accused of vehicular assault in Ohio, law enforcement either alleges you acted recklessly leading to injury of another person, or that you were under the influence of alcohol or illicit drugs at the time of the accident that caused injury to another person. No matter how you are charged for the offense, both are felonies and should be taken very seriously. An experienced defense attorney can help protect your rights and fight to reduce or dismiss the charges.
Ohio Vehicular Assault Lawyer
The legal team at Joslyn Law Firm are passionate about defending the rights of individuals like you charged with vehicular assault in the Cincinnati area including Hamilton County, Butler County, Greene County, Franklin County, Clinton County, and Clermont County.
Our firm will use our extensive DUI trial experience and knowledge of chemical testing science to exclude faulty evidence and make sure your case is treated fairly. If you've been charged with vehicular assault call Joslyn Law Firm today.
Information on Ohio Laws Regarding Vehicular Homicide
- The Difference Between Vehicular Assault vs Aggravated Vehicular Assault Crimes
- Criminal Penalties for DUI with Serious Bodily Injury
- Finding a Qualified Vehicular Crimes Defense Lawyer in Hamilton County, OH
According to Ohio Revised Code §2903.08 there are two types of vehicular assault – simple vehicular assault and aggravated vehicular assault. Each is specifically defined with different requirements and ramifications.
Simple vehicular assault is defined as a situation where one or more other individuals or unborn children are injured due to your reckless actions while operating or being in actual physical control of any type of motor vehicle. This includes cars, trucks, vans, motorcycles, snowmobiles, watercraft, aircraft, and other modes of transportation.
Aggravated vehicular assault is any situation where a person operates or is in actual physical control of any type of motor vehicle or other mode of transportation while under the influence of alcohol or drugs and seriously injures another person or another's unborn child. This offense is also known as "DUI with serious bodily injury" and should not be taken lightly – you should be prepared both for criminal and potential civil action.
Aggravated vehicular assault on a first offense is a third-degree felony and may have the following consequences:
- Mandatory prison term of up to 5 years
- Class 3 driver's license suspension for 2-10 years
- Up to $5,000 fine
- Remedial driving course
The offense can be upgraded to a second-degree felony if you meet one or more prerequisites:
- Your license was suspended at the time of the assault
- You have a previous vehicular assault or DUI with serious bodily injury conviction
- You have a conviction for another traffic-related assault, manslaughter, or homicide offense
- You were convicted of 3 or more prior OVI or actual control OVI offenses within the last 6 years
- You were convicted of 3 or more prior violations of unsafe operation of an aircraft
- You have a second or subsequent felony conviction for DUI
- You have 3 or more convictions for a combination of any of the above violations
A second-degree felony can involve a mandatory prison term of 2-8 years, a $15,000 fine, and Class 3 driver's license suspension for 2-10 years. If you are a repeat offender you may have your licensed revoked.
Whether this charge is your first or subsequent offense, you should not face the charges alone. An experienced Cincinnati aggravated vehicular assault lawyer will be able to protect your rights and fight for a favorable outcome.
If you are facing aggravated vehicular assault charges in Cincinnati or the surrounding areas of Hamilton, Sharonville, Lebanon, Norwood, White Hall, Blue Ash, or Loveland, contact the experienced attorneys at Joslyn Law Firm.
We will examine your case closely and create a detailed defense customized just for you. Your first consultation is free, so call us at (513) 339-6289 or submit our convenient online contact form today.