Facing charges of vehicular assault or aggravated vehicular assault in West Virginia can have serious implications. When charged with these offenses, you may potentially face the following consequences:
- Jail time
- Hefty fines
- Loss of driver’s license
- Points on your driver’s license
- Disqualification of CDL
- A criminal record
- Job loss and financial setbacks
- Civil liability lawsuits
- Increased insurance premium rates
While some car accidents may not result in such severe consequences, situations involving speeding, reckless driving, or driving under the influence can lead to more serious charges. In such circumstances, it is crucial to seek assistance from a qualified Wheeling WV crminal lawyer.
Enter Mountaineer Criminal Law Group – Our team of West Virginia traffic lawyers is dedicated to guiding you through complex legal proceedings. We will work tirelessly to achieve the best possible outcome, be it reducing your charges or getting them dismissed altogether.
Vehicular Assault vs. Aggravated Vehicular Assault
Under West Virginia Rev. Code 2903.08, you can face charges of vehicular assault if you cause severe harm to another person or an unborn child. Similarly, recklessly driving or speeding can also result in vehicular assault charges.
On the other hand, if you are suspected of operating a vehicle under the influence, causing physical harm to another person or an unborn child, it falls under the category of aggravated vehicular assault.
It’s important to note that the term “vehicle” is not restricted to only motor vehicles. It can encompass cars, bikes, trucks, boats, or even planes.
Penalties for Vehicular Assault
When it comes to vehicular assaults, the consequences can vary depending on the circumstances. Here’s a breakdown of the possible penalties:
- If you were driving in a posted construction zone and caused harm to a person or an unborn child, you could be charged with a first-degree misdemeanor. This offense carries a jail time of 7 to 180 days and a fine of up to $1000.
- Driving in a construction zone with a prior conviction of vehicular assault or any traffic-related violation, and causing serious harm to another person or an unborn child, can be considered a fourth-degree felony. If convicted, you may face a prison sentence of 6 to 18 months and a fine of $5000.
- Having a suspended license, a prior conviction of vehicular assault, a previous conviction of any traffic-related death, and failing to stop at the scene of the accident can elevate the charge to a third-degree felony. In such cases, you could face 12 to 60 months of jail time and a fine of $10,000.
- Additionally, if you are convicted of vehicular assault while driving recklessly and speeding in a construction zone or in general, your license may be suspended for 1 to 5 years.
- In cases where you have a prior conviction of vehicular assault or any traffic-related charges, the suspension period may extend to 2 to 10 years.
Penalties for Aggravated Vehicular Assault
Unlike vehicular assault, aggravated vehicular assault charges are always classified as felonies. Here’s what you need to know:
- Operating a vehicle under the influence and causing injury can result in a third-degree felony. If convicted, you could be sentenced to 12 to 60 months in jail and a fine of up to $10,000.
- If you have a previous conviction of vehicular assault, aggravated vehicular assault, traffic-related assault or death, three convictions of OVI/DUI, three or more convictions of unsafe operation of aircraft or watercraft, or two or more OVI/DUI felonies, the charge can be elevated to a second-degree felony. In such cases, the potential jail time increases to 2 to 8 years and the fine can go up to $15,000.
- In case of a first conviction, your license may be suspended for 2 to 10 years. However, if you have any prior conviction related to traffic-related death, the suspension can range from 3 years to life.
Connect With Wheeling Traffic Lawyer
Are you in need of a skilled Wheeling WV OVI lawyer? Look no further! Our dedicated team is here to challenge the prosecution’s argument and evidence, crafting a strong case to defend your rights. With multiple elements to prove, our West Virginia traffic lawyer will leave no stone unturned in securing the best possible outcome for you. Contact the Mountaineer Criminal Law Group today for a free consultation and let us fight for you! Call now to get started.