What is Vehicular Aggravated Assault? Arizona Criminal Defense Attorney


Hi i’m David Cantor with the Law Offices
of David Michael Cantor. Now I’m going to be talking about Vehicular
Aggravated Assault. Now what is that well the definition is
“If a person intentionally, knowingly, or recklessly causes serious
physical injury or disfigurement or if they use a dangerous instrument,
such as a car, and they cause somebody to be in
imminent fear or cause serious physical injury.” then that means they’re guilty of Vehicular Aggravated Assault now this is
over charged all the time by the county attorney’s office what they will do is say well an officer was
scared when there was a car coming at him and he had to jump out of the way let’s charge somebody with Vehicular
Aggravated Assault the problem is the amount of punishment that’s involved
if you’re convicted and the cars determined to be a
dangerous instrument you’re facing five to 15 years in prison with 7.5 years presumptive and thats very serious the policy offers by the
county attorney’s office are quite simple if you’re over 0.20 and you have a prior DUI they’re gonna
ask for prison they won’t budge if it’s a first offense DUI and you’re
under a .20 and you got in an accident and somebody
broke a leg or needed stitches then they’re gonna ask for probation
with a year in jail either way it’s a bad scenario now in order to show are that there was
a serious physical injury the county attorney’s office will use
medical records need to look is it just stitches or is a really broken
bone a permanent disfigurement that’s one of the defense is you look at
also causation or supervision cause we bring in an accident reconstructionist and this a key person cool determined who’s really at fault
was our phantom vehicle that means a vehicle that may be snapped
in that persons lane causing to go out there’s an accident and they keep going
was the person who got hit actually the cause did they run into you
and bring about their own injuries that’s something you need to
look at now with blood and breath testing there’s a litany of ways to
challenge that you look at the standard quality
assurance procedures to see whether the device is more than plus a minus 10 percent out of whack you look
at body temperature that can affect the reading on a breath test you look
for mouth alcohol somebody what and brought up some of
alcohol if there’s blood involved you look at the swap was it a betaine swab or was it an
alcohol swab did the officer use an alcohol-based hand
sanitizer before he popitated the pain which
means he’s actually transferring alcohol right to the injection site other things you look at have to do with
the testing device itself there are all sorts of defenses to these
charges we’ve been very successful if you go over to our victory section you
can see under Vehicular Aggravated Assault all the victories we’ve had this is one of the most overcharged
charges out there and it is very defensible so if this involves you or a friend or
family member give us a call or go to our website at DMCantor.com

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