Vehicular Assault in New Castle

In Ohio, charges of vehicular assault and aggravated vehicular assault are taken very seriously. If you’re charged with either of these offenses, you could face significant consequences, including:

• Jail or prison sentences
• Substantial fines
• Suspension of your driver’s license
• Points added to your driver’s license
• Disqualification from holding a Commercial Driver’s License (CDL)
• A permanent criminal record
• Loss of employment and future economic hardship
• A civil lawsuit for damages
• Increased insurance premium rates

A car accident may seem minor at first. However, if law enforcement suspects that aggravating factors like excessive speeding, reckless driving, or driving under the influence were involved, the situation can escalate quickly. The consequences can become much more severe, which is why it is crucial to seek legal advice from a New Castle criminal lawyer as soon as possible.

The team at Youngstown Criminal Law Group is here to help. Our experienced Ohio traffic lawyers understand the complexities of these cases. We will guide you through the legal proceedings, working to build a strong defense to reduce your charges or have them dismissed entirely.

Vehicular Assault vs. Aggravated Vehicular Assault

Under Ohio Rev. Code 2903.08, vehicular assault occurs when a person causes serious physical harm to another person or an unborn child while operating a vehicle. This can include incidents involving speeding or reckless driving. If you need representation, a New Castle DUI lawyer can provide the necessary expertise.

The charge becomes aggravated vehicular assault when the driver is operating a vehicle under the influence (OVI/DUI) and this impaired operation results in serious physical harm to another person or an unborn child.

It’s important to note that “vehicle” isn’t limited to just cars. The law applies to a wide range of transportation, including motorcycles, trucks, boats, and even airplanes. A skilled New Castle criminal lawyer can navigate the specifics of your case.

Penalties for Vehicular Assault

In Ohio, vehicular assault is typically classified as a serious misdemeanor or a felony, depending on the circumstances.

• It is considered a first-degree misdemeanor if you cause harm to a person or an unborn child while driving in a designated construction zone. This is punishable by 7 to 180 days in jail and a fine of up to $1,000.
• The charge can be elevated to a fourth-degree felony if you cause serious harm in a construction zone and have a prior conviction for vehicular assault or another traffic-related offense. Penalties include 6 to 18 months of jail time and a fine of up to $5,000.
• It becomes a third-degree felony under specific conditions, such as driving with a suspended license, having a prior vehicular assault conviction, a previous conviction for a traffic-related death, or failing to stop at the scene of the accident. This carries a prison sentence of 12 to 60 months and a fine up to $10,000.

Your driver’s license will also be suspended for 1 to 5 years if you are convicted of causing injury while speeding or driving recklessly, either in a construction zone or elsewhere. With a prior conviction for vehicular assault or other traffic offenses, this suspension increases to 2 to 10 years. An experienced New Castle criminal lawyer is essential in these situations.

Penalties for Aggravated Vehicular Assault

Aggravated vehicular assault is always charged as a felony in Ohio. The severity of the charge depends on your record.

• It is a third-degree felony if you cause injury while operating a vehicle under the influence. This conviction results in 12 to 60 months in prison and a fine of up to $10,000. A New Castle DUI lawyer can challenge the prosecution’s case.
• The offense is a second-degree felony if you have prior convictions. This includes previous vehicular assaults, traffic-related deaths, three or more OVI/DUI convictions, or two or more felony OVI/DUI convictions. The penalties are 2 to 8 years in prison and a fine of up to $15,000.

For a first conviction, your license will be suspended for 2 to 10 years. If you have a prior conviction for a traffic-related death, the suspension can range from 3 years to life. A criminal lawyer can help protect your rights.

Connect With a New Castle Traffic Lawyer

The prosecution has the burden of proving its case against you. The role of your New Castle DUI lawyer is to meticulously examine the evidence and arguments presented by the prosecution and identify weaknesses to build a robust defense strategy. Since the prosecution must prove several elements to secure a conviction, a skilled attorney will have opportunities to challenge their case and work toward the best possible outcome for you. Contact Youngstown Criminal Law Group today at (330) 992-3036 for a free consultation to discuss your case.