July 17, 2018By Brian Manchester
Aggravated Assault By Vehicle Is a Serious Crime in Pennsylvania.
When most people hear the word “assault,” they think of physically fighting or verbally threatening another person. However, if you were involved in a traffic accident whereby someone else was seriously injured, you may be charged with Aggravated Assault by Vehicle. Specifically, the charge of Aggravated Assault by Vehicle is appropriate when someone drove recklessly or with gross negligence and caused a substantial injury to someone else. A common example is road rage that causes serious injuries to another driver or a pedestrian.
Aggravated Assault by Vehicle Is A Third-Degree Felony
Iif convicted you may serve up to seven years in prison, as well as pay fines up to $15,000. Additional prison time will be added if you were texting while driving, or the accident took place in a construction zone, or you were violating a traffic law relating to emergency vehicles such as ambulances or firetrucks.
If charged with Aggravated Assault by Vehicle, the prosecutor must prove three elements in order for you to be found guilty:
First, that you violated a traffic law (e.g. speeding).
Second, that you were driving in a manner that was reckless or grossly negligent that was also in violation of Pennsylvania’s Motor Vehicle Code. A driver will be considered to have been driving recklessly or grossly negligent when it is established that the driver knew they were creating a substantial and unjustifiable risk of serious injury or death, yet unreasonably disregarded such risk and continued in their course of action.
Finally, the third element is that the recklessness of your driving was the actual cause of the other driver’s serious bodily injury. If the injuries sustained by the other motorist or pedestrian did not create a substantial risk of death, or did not cause permanent disfigurement or impairment of a body part or organ, you cannot be convicted of Aggravated Assault by Vehicle.
You should not assume that you will be convicted. Brian Manchester has tried several of these cases and will discuss with you the various defenses that can be raised against the elements mentioned above in order to create a reasonable doubt to a jury about your guilt. Even in the event of a conviction, Brian Manchester can negotiate for a reduced sentence at the sentencing hearing.
Aggravated Assault by Vehicle is a serious charge that will affect you for the rest of your life if you are convicted. Thus, it is crucial to call Brian Manchester who will aggressively defend you and your freedom throughout every step of the litigation process. For a free consultation we can be contacted at 1-800-243-4878.