Vehicular Assault Attorney in Springfield
Empowering You with Strategic Defense
At Cole & Martin Attorneys at Law, LLC, we understand the gravity and complexities involved in vehicular assault charges in Springfield, MO. With over 90 years of combined criminal law experience, including a decade as former prosecutors, our focus is on building a robust defense to protect your rights. Our experience allows us to anticipate prosecution strategies, giving us a distinctive advantage in defending you.
Understanding vehicular assault can often feel daunting, especially when you are facing such charges for the first time. Missouri law defines vehicular assault as causing injury to another person while operating a vehicle recklessly or under the influence. The legal intricacies involved require a solid understanding and strategic planning to navigate effectively.
Our history in prosecution equips us to maneuver through these complex situations, helping to clarify charges and potential consequences from the outset.
Facing a serious criminal charge? We offer free consultations and affordable services. Call (417) 213-5441 or contact us online to speak with a vehicular assault attorney in Springfield today.
Understanding Vehicular Assault Laws in Missouri
In Missouri, the crime of vehicular assault is prosecuted under the state's assault statutes, particularly under Missouri Revised Statutes (RSMo) Chapter 565. The specific charge is often referred to as Assault in the Second Degree or Assault in the Third Degree, depending on the severity of the injury and the defendant's mental state.
The law specifies that a person commits assault by operating a motor vehicle while acting with criminal negligence or recklessly, and as a result, causes injury to another person. The legal definition of "recklessly" or "negligently" is critical to the prosecution's case.
Key Elements the Prosecution Must Prove
To secure a conviction for assault by auto, the prosecution must prove each of the following elements beyond a reasonable doubt:
- Operation of a Motor Vehicle: The state must prove that you were driving the vehicle at the time of the offense.
- Reckless or Criminally Negligent Driving: The state must prove that you were operating the vehicle in a reckless or criminally negligent manner. This can be proven through a variety of evidence, such as speeding, erratic lane changes, or driving under the influence of drugs or alcohol.
- Causation: The state must prove that your reckless or negligent driving was the direct cause of the accident and the resulting injury.
- Bodily Injury: The state must prove that the victim suffered either "bodily injury" (physical pain, illness, or any impairment of physical condition) or "serious bodily injury" (bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ).
The prosecution's case often relies on the testimony of the alleged victim, other witnesses, and law enforcement officers, as well as accident reconstruction reports. As a seasoned vehicular assault attorney in Springfield, we will meticulously scrutinize every piece of this evidence to find any inconsistencies or flaws that can be used to your advantage.
Classifications and Degrees of a Vehicular Assault Offense
In Missouri, a vehicular assault charge can be classified as a misdemeanor or a felony, depending on the circumstances of the offense.
The penalties increase significantly with the severity of the charge.
- Assault in the Third Degree (Class E Felony): This is a serious charge that applies when a person recklessly causes physical injury to another person. The penalty is up to four years in prison and a fine of up to $10,000.
- Assault in the Second Degree (Class D Felony): This is a more serious felony. It applies when a person recklessly causes serious physical injury to another person. The penalty is up to seven years in prison and a fine of up to $10,000.
- Assault in the First Degree (Class B Felony): This is the most serious felony assault charge. It applies when a person recklessly causes serious physical injury to another person with a deadly weapon. The penalty is five to 15 years in prison.
- Aggravating Factors: The penalties can be enhanced if a DWI is a factor in the reckless driving that results in injury. For example, a DWI that causes a crash with serious bodily injury is a Class B Felony, punishable by five to 15 years in prison.
It is also important to note that a vehicular assault charge can be filed alongside other offenses, such as reckless driving, involuntary manslaughter, or leaving the scene of an accident. A knowledgeable Springfield vehicular assault lawyer will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.
Penalties of a Vehicular Assault Conviction in Missouri
The direct legal penalties for a vehicular assault conviction in Missouri are steep and depend on the degree of the offense:
- Incarceration: Jail or prison time, ranging from up to a year for a misdemeanor to a maximum of 15 years for a felony.
- Fines: Fines can be substantial, often reaching into the thousands of dollars.
- Probation and Supervised Release: A conviction will likely be followed by a period of supervised probation, during which you must adhere to strict conditions set by the court.
- License Suspension: Your driver's license will be suspended or revoked for a period of time, which is in addition to the fines and potential incarceration.
- Mandatory Programs: The court may order you to attend various programs, such as anger management or defensive driving classes.
Collateral Consequences
A criminal record for a vehicular assault can follow you for the rest of your life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.
Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.
Building a Strategic Defense Against Vehicular Assault Charges
Every case is unique, and we develop a defense strategy tailored to your specific circumstances.
As a seasoned Springfield vehicular assault lawyer, we will leverage every possible defense, including:
- Lack of Recklessness or Criminal Negligence: The prosecution must prove that you were operating the vehicle in a reckless or criminally negligent manner. We can argue that the incident was a tragic accident, a simple traffic mistake, or that your actions were a reasonable response to an emergency.
- Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the accident reconstruction evidence is flawed.
- Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
- Third-Party Fault: We can argue that the accident was caused by the actions of another driver, a pedestrian, or a mechanical failure in the vehicle.
- Questioning Causation: We can argue that your driving was not the direct cause of the injuries, or that the injuries were not as severe as the prosecution claims.
Our Comprehensive Process for Vehicular Assault Defense
When facing vehicular assault charges in Springfield, our process ensures meticulous attention to your case, from thorough evidence analysis to crafting a strong defense strategy. We maintain open communication, providing updates and clarity throughout the proceedings. Furthermore, our local knowledge of Springfield’s court systems equips us to navigate your case effectively.
The initial phases of our process include a detailed consultation to assess the facts of your case. During this time, we gather all pertinent information, including police reports, witness statements, and any available video footage. This comprehensive intake allows us to understand the situation fully and identify any critical details that could aid your defense.
Beyond initial evaluations, our process involves strategic negotiation with prosecutors, where our former prosecutorial insight offers a significant advantage. Our team works diligently to explore all potential angles, whether that means challenging evidence validity or working toward a plea that minimizes impact. Throughout, we dedicate ourselves to protecting your rights while pursuing the best possible outcome.
Choosing Cole & Martin Attorneys at Law, LLC means aligning with a team dedicated to personalized legal representation:
- Former Prosecutors on Your Side: Our background in prosecution provides unique insights into how the opposition strategizes.
- Free Consultations: Understand your legal standing and explore defense options with no initial financial commitment.
- Recognized Excellence: Acclaimed in Super Lawyers Rising Stars and Top 90 Under 90, underscoring our mastery in criminal defense.
Contact Us for Expert Legal Guidance
Facing a vehicular assault charge can be daunting, but you don’t have to navigate it alone. Our compassionate team at Cole & Martin Attorneys at Law, LLC is ready to provide the clarity and support you need. Let us shoulder the legal complexities while you focus on moving forward with confidence.
Reach out to us at (417) 213-5441 or contact us online for a free consultation to discuss your case and learn how we can protect your rights and work toward the best possible outcome.
Frequently Asked Questions
How Can a Vehicular Assault Lawyer Help My Case?
A Springfield vehicular assault lawyer can evaluate the evidence, negotiate with prosecutors, and build a defense strategy to reduce or dismiss charges. At Cole & Martin Attorneys at Law, LLC, our background as former prosecutors gives us valuable insight into how the other side approaches these cases.
What Should I Do If I’m Charged with Vehicular Assault?
Do not speak to police before consulting an attorney. Contact our office right away for legal guidance. Preserving evidence, documenting your version of events, and acting quickly with a lawyer can significantly affect the outcome of your case.
Can Vehicular Assault Charges Be Reduced or Dismissed?
Yes, depending on the evidence, charges may be reduced or dismissed. This could involve challenging police procedures, questioning test results, or presenting mitigating factors. An experienced lawyer ensures every possible defense is pursued.
Is Vehicular Assault a Felony in Missouri?
Yes, most vehicular assault cases are classified as felonies. The severity of the felony depends on factors such as whether intoxication was involved or if serious bodily injury occurred. Felony convictions carry long-term consequences, making immediate legal representation essential.
Will a Vehicular Assault Conviction Stay on My Record Permanently?
In many cases, yes. A conviction for vehicular assault can remain on your criminal record and impact future employment, housing, and licensing opportunities. However, depending on the outcome of your case, there may be options to reduce charges or pursue record relief later.
Can I Still Drive After a Vehicular Assault Arrest?
Your driving privileges may be suspended as part of the case. Sometimes, it is possible to obtain a restricted license for work or school purposes. A lawyer can help fight the suspension or guide you through the process of applying for limited driving privileges.
How Soon Should I Call a Lawyer After an Arrest?
Immediately. The earlier you involve legal counsel, the stronger your defense can be. Early intervention helps preserve evidence, prevent self-incrimination, and prepare for hearings that may occur quickly after an arrest.