2 Degree Assault Colorado - Drunk driving results in serious bodily harm to others. If the victim dies from the wound, the state will charge a heavier charge than vehicular homicide.
CRS 18-3-205 is a strict liability criminal. This means that it does not matter whether the suspect intended to hurt someone or not. The only question is whether the suspect caused serious injury through reckless driving or under the influence of alcohol and/or drugs.
2 Degree Assault Colorado
"Serious bodily injury" under Colorado law means an injury that, at the time of the actual or subsequent injury, involves:
Colorado Gay Club Shooter Identified As Anderson Lee Aldrich
A person is the proximate cause of injury to someone if the injury is a natural and probable consequence of the person's misconduct.
Example: Alice decides to drive home from a party, even though she has been drinking. In fact, her BAC is 0.10%, much higher than Colorado's "legal limit" of 0.08%. On her way home, Alice collided with a child riding a bicycle and broke several bones in her face. Since Alice was voluntarily operating a motor vehicle when she was struck, her driving was a direct cause of serious injury to the child and she could be charged with a violation of CRS 18-3-205.
Example: Let's say that in the previous example, the accident only bruised the child's arm in one place. A simple bruise is not serious enough to be charged with CRS 18-3-205. But while the child was being treated in the emergency room for medical treatment, a former employee entered the hospital with a gun and started shooting people. The child was shot in the face, leaving it disfigured. Although the crash set the whole thing in motion, the shooting was unpredictable and Alice had nothing to do with it. Without the shooting, the child would have made a full recovery. So the shooting - not the accident - was the immediate cause of the child's serious injury. 1.3. What is Reckless Driving?
A driver is reckless when he/she knowingly disregards the safety of others. Think, for example, of driving too fast through a red light or swerving between lanes. Recklessness requires a higher degree of crime than mere negligence.
Attorneys For Colorado Black Man Beaten By Police Demand Investigation
If a person becomes unsafe to drive due to a drug or other substance, that person is driving under the influence. It doesn't matter if the drug is legal or medically necessary. Even harmless drugs can lead to DUI charges. These include not only alcohol and controlled substances, but also seemingly harmless and commonly used drugs such as:
When driving in Colorado, a person is deemed to "explicitly consent" to a chemical BAC test if he or she is arrested on suspicion of drunk driving. Usually, an arrested person is given a choice between a DUI breath test or a DUI blood test.
But if the arresting officer suspects drug use, the arrestee may be ordered to take a blood, urine, or saliva test instead of — or in addition to — a breath test.
Refusing chemical tests automatically results in a one-year driver's license suspension. This is clearly not as serious as prison. For example, a person may decide that it is in his or her best interest to refuse a chemical test if he or she causes a serious accident after drinking alcohol or using drugs.
Crime Of Violence\
And the only way to resist a DUI denial is to show that the officer didn't have a good reason to ask for a DUI in the first place. This can be difficult when someone is injured by the suspect's driving.
If the police suspect that a person has DUI, that person's blood may be taken against their will. And involuntary blood test results can be used against the accused.
Seriously injuring someone as a result of reckless driving in Colorado is a 5th degree misdemeanor. Consequences can be:
There is a class 4 crime if the suspect seriously injures someone while driving under the influence of drugs. Consequences can be:
Juvenile And Family Law Program
It is not clear whether violating CRS 18-3-205 will affect the residency status of the non-citizen. While the defendant may not have intended to commit the crime, prosecutors may still try to argue that vehicular assault qualifies as a moral decay crime or a serious crime - deportation is possible.
Non-citizens charged with a crime should immediately seek an experienced criminal defense attorney. The case may be dropped or substantially reduced to an unenforceable charge.
Vehicle homicide (CRS 18-3-106) is driving a motor vehicle recklessly or while intoxicated or high, followed by a fatal accident. This is a crime that can lead to 12 years in prison.
Fleeing from the scene of an accident (CRS 42-4-1601) is a crime if only property damage occurs. But if it causes serious injury or death, it is considered a felony.
Cu Boulder Sexual Assault Amid 2022 Move In
Careless driving (CRS 42-4-1402) is operating a vehicle without regard to the road and surroundings. It is usually a class 2 traffic violation.
Contact our Denver Colorado criminal defense attorneys for free counseling and legal advice on establishing an attorney-client relationship.
Third degree assault colorado law, first degree assault, second degree assault colorado, assault in the third degree colorado, assault colorado, assault second degree, 2nd degree assault colorado, assault degree, third degree assault colorado, 3rd degree assault colorado, 2 degree assault, 3rd degree assault colorado punishment