Aggravated Assault By Vehicle
Aggravated Assault by Vehicle is a second degree felony and carries a mandatory sentence of not less than three (3) years. It is in the trial court’s discretion to sentence you up to the maximum penalty of ten (10) years incarceration. In order for the Commonwealth to obtain a conviction for Aggravated Assault by Vehicle While Driving Under the Influence it must prove three (3) elements beyond a reasonable doubt:
- The driver’s conduct was negligent;
- The injury was causally related to the driver’s act of driving under the influence; and
- The victim suffered life threatening or disfiguring injuries or suffered any prolonged impairment of function of a body part.
My law firm may be able to challenge the evidence to an aggravated assault by vehicle charge in a variety of ways. First, you may be able to argue that the accident was unavoidable and would have occurred regardless of your intoxication. Causation of the accident is a jury question. If the accident was not causally related to the DUI, then the jury must acquit on the aggravated assault by vehicle charge and convict you of the DUI alone. Second, you may be able to challenge the third prong of the above test and argue that the injuries to the victim are not permanent or disfiguring and that the victim will make a full recovery. If the jury determines that there was no life threatening or disfiguring injuries or any protracted impairment of a bodily member then it must acquit on the aggravated assault by vehicle charge and convict on the DUI charge alone. Third, the victim may have a pre-existing medical condition that was exacerbated by the accident. In this case, my firm would request that the victim undergo an independent medical examination by a physician of the defense’s choice. If the defense physician determines that the victim’s injury was pre-existing and exacerbated by the accident my firm would ask the jury to acquit on all aggravated assault by vehicle charges.
Aggravated assault by vehicle is a serious charge and you will need a serious trial attorney. Mr. Antoine is a former Assistant District Attorney, former DUI prosecutor and criminal defense trial attorney. If you or someone you know has been charged with Aggravated Assault by Vehicle While Driving Under the Influence contact Jason R. Antoine Attorney at Law PLLC at (610) 299-0295 to discuss your options and potential defenses to the case.