Vehicular Assault, C.R.S. 18-3-205, is charged when a person drives recklessly, drives under the influence, or drives while ability impaired and causes serious bodily injury to another person. If a person’s intoxicated driving results in injury to another person, it is considered a “strict liability” crime in Colorado. This essentially means that the defendant’s intent or mental state at the time that the crime took place is irrelevant. What matters is that the crime happened, period. If you have been charged with Vehicular Assault, especially if alcohol or another drug played a role, don’t wait – contact our top Fort Collins criminal defense lawyers today.
Colorado’s Law on Vehicular Assault, C.R.S. 18-3-205 in Fort Collins
Colorado’s law on Vehicular Assault, C.R.S. 18-3-205, is as follows in Fort Collins:
(b) (I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime. (I.5) If a person operates or drives a motor vehicle while the person’s ability is impaired by alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the serious bodily injury of another, the person commits the crime of vehicular assault.
What are “Strict Liability” Crimes at the Larimer County Courts?
At the Larimer County Courts, “strict liability” crimes, such as Vehicular Assault involving drunk driving, are those in which it does not matter what the defendant’s mental state was at the time that the crime took place. What matters is that the crime happened, and the defendant caused it. Most crimes in Colorado require both an actual act + an intent. However, with strict liability crimes, it doesn’t matter what the intent was. It just matters that the defendant committed the offense. Vehicular Assault is a strict liability offense when alcohol or drugs are involved. This does not apply if the defendant drove recklessly, and their driving caused serious bodily injury to another person.
Colorado Prison Time for Vehicular Assault in Loveland and Estes Park
Vehicular Assault can be a class 5 or class 4 felony in Loveland and Estes Park, depending on whether the defendant drove recklessly, drove while ability impaired, or drove under the influence. See the table for possible penalties that can result from conviction:
Classification |
Vehicular Assault was caused by: |
Penalties |
| Class 5 felony / F5 | Reckless Driving or Driving While Ability Impaired |
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| Class 4 felony / F4 | Driving Under the Influence |
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Have you been charged with Vehicular Assault? Remember to be smart, and exercise your right to stay silent. Never discuss your charges with the Larimer County Sheriff, Fort Collins Police, or any other law enforcement officer. Then call 970-658-0007 to discuss your case with a top criminal defense lawyer with over 30 years of experience from the O’Malley Law Office today. Together, we can protect your future.
The location for the Larimer County Justice Center is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Artyom Kulakov