Felony Vehicular Homicide & Assault
Vehicular homicide and vehicular assault are serious felony crimes, but are distinguishable by the degree of injury. While vehicular homicide, the more serious of the two, involves death, vehicle assault involves serious bodily injury. Both vehicular homicide and assault involve reckless driving, driving under the influence (DUI), and/or driving while ability impaired (DWAI).
A person acts recklessly when he or she consciously disregards a substantial and unjustifiable risk that a result will occur or that the circumstances exist.
Vehicular homicide involving DUI or DWAI is a Class 3 felony, while vehicular homicide as a result of recklessness is a Class 4 felony.
Vehicular assault involving DUI or DWAI is a Class 4 felony, while vehicular assault as a result of recklessness is a Class 5 felony.
It is not a defense to either of these charges that the driver did not mean or intend for death or injury to occur.
Click below to read the official Colorado statutory definitions for these offenses:
Vehicular homicide (18-3-106)
Vehicular assault (18-3-205)
- Alexander Garlin obtained a voluntary dismissal in an Arapahoe County case where his client was charged with Vehicular Homicide for causing the death of her sister, a passenger in her automobile. Mr. Garlin’s client was allegedly involved in a road-rage incident with another driver. The prosecutor ultimately agreed with the defense that the client was being pursued and menaced by another driver, and the other driver’s reckless conduct caused the collision and the death of his client’s sister. While charges were dismissed against the client, the other driver was prosecuted and convicted for his role in the fatal collision.
- Alexander Garlin obtained a dismissal at the end of a Preliminary Hearing in a case where his client was charged with Vehicular Homicide and accused of causing the death of his fiancé, his passenger at the time of an intersection collision.
Criminal Defense Attorney Alexander Garlin has experience in providing criminal defense of both vehicular homicide and vehicular assault charges, as well as other related criminal charges. Whether you contact Garlin Driscoll, LLC, or other qualified attorneys, we recommend that you do so without delay so that you can better understand your circumstances, and thereby promote informed decision making that could significantly improve the ultimate outcome of your case.
The criminal defense attorneys at Garlin Driscoll, LLC, welcome your inquiry and do not charge for initial telephone, e-mail and/or office consultations.