Arizona Vehicular Aggravated Assault

by lawdawg on December 12, 2012

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This article is brought to you by criminal lawyer Jeremy Geigle of JacksonWhite Law.

When a vehicular accident causes serious bodily injury, the driver said to have caused the injury may be charged with vehicular aggravated assault.

Vehicular aggravated assault can be committed in two different ways:

1. Intentionally, knowingly of reckless serious physical injury or substantial disfigurement to another.

2. Using a deadly weapon or dangerous instrument to intentionally place someone in imminent fear of serious physical injury.

Because a car qualifies as a “dangerous instrument,” vehicular aggravated assault most commonly occurs when a driver is drunk, high or speeding and they injure someone in an auto accident. Vehicular aggravated assault in Arizona is a class 3 felony and carries the punishment of up to 15 years in prison.

When being charged with vehicular aggravated assault it must be proven that the defendant’s actions were “reckless.” In short, this means that the defendant must have been aware of, and consciously disregard the fact that their actions posed an element of danger.

Defenses for vehicular aggravated assault include driving below the legal limit, lack of any type of impairment, illegal blood draw, defendant was not at fault, defendant did not intent to cause harm, and no probable cause




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