Aggravated vehicular assault

Aggravated vehicular assault meaning and sentences

Aggravated vehicular assault is one of the serious felonious charges a driver may be charged with for causing harm to others while operating a vehicle under the influence of Alcohol or drugs.

A lot of factors will culminate in a prosecutor preferring such a charge which comes with quite serious punishment if found guilty.

Aggravated Vehicular Assault meaning

It is a charge when a driver causes serious physical harm to a person while operating a vehicle, boat or any water craft or an aircraft under the influence of alcohol or drugs, driving with a suspended license or without a license.

Is aggravated vehicular assault a felony?

Aggravated vehicular assault is a felony and further classified into degrees. The degree of the offence is dependent on factors that include:

  • Driving with a suspended license
  • Previous conviction
  • Prior conviction of traffic-related homicide, manslaughter or assault offense
  • Three or more DUI, Boating under influence, aircraft operation under influence conviction in the last 6 years or three or more combination of any of the above
  • Previous conviction for felony DUI or Operation of a vehicle under Influence.
READ ALSO:  Who can override a power of attorney?

Aggravated Vehicular Assault degrees

There are two degrees of charges one may face depending on the circumstances as occasioned by the absence or presence of the factors listed above.

Third degree

This is a felony charge of the third degree and is preferred when a driver causes serious bodily harm while driving under the influence of alcohol or drugs and drinking while driving.

Second degree

This is an elevated charge preferred when a driver is causes serious bodily harm to another person while having previous convictions of the factors listed above.

⇓⇓ READ MORE

California $950 theft law 2022

Peeing in public – Charges, defense and penalties you must know

Reckless homicide – Definition, examples and penalty

Aggravated vehicular assault Ohio sentencing

In Ohio, aggravated vehicular assault of the third degree carries a mandatory prison sentence of up to 5 years in prison, fines and suspension of license for up to 10years. The suspension may be extended to life if driver has a previous traffic related vehicular assault conviction.

READ ALSO:  What is capital murder? - Definition and examples

A sentence of mandatory prison sentence of up to 8 years, fines and lifetime suspension of driver’s license is imposed if a driver is convicted of second degree Aggravated Vehicular assault.

Aggravated vehicular assault vs Vehicular assault

A vehicular assault is an offence involving a driver who causes, or threatens to cause harm to another person while operating a vehicle through reckless driving. The offense is sometimes referred to as assault by auto.

Aggravated Vehicular assault can be defined as a vehicular assault where a driver causes serious bodily harm to another person while driving under the influence, driving without a license, driving with a suspended license or has previous traffic related offences including homicide, DUI, manslaughter etc.

Other differences are listed in the table below:

Vehicular Assault Aggravated Vehicular assault
Occasioned by reckless driving Occasioned by reckless driving under the influence, with prior conviction or suspended license
Usually a misdemeanor A felony
Up to 12 months in jail Up to 8 years in prison
Fines of up to $1000 Fines exceeding $1000
Up to 3 years of license suspension Up to a life suspension of license
READ ALSO:  BBC Documentary on University professors scandal - Here's why they will go scot-free

Aggravated Vehicular Homicide

In the Ohio revised code, aggravated vehicular homicide is the charge preferred when a driver causes the death of another person while operating a vehicle under the influence of alcohol or drugs.

A person also commits the offense of aggravated vehicular homicide when his/her reckless operation of a vehicle in a construction zone causes another person to lose his/her life.

Aggravated vehicular homicide sentence

The offense is classified as a second degree felony or third degree felony depending on the facts of the case.

  • If the offense was caused by vehicle operation under the influence of alcohol or drugs, it is a second degree felony which attracts a mandatory sentence of up to 8 years in prison and a lifetime revocation of driver’s license.
  • If the offence occurred as a result of reckless operation in a construction zone, it is classified as a third degree felony and punishable by up to 5 years in prison and license suspension for a period between three years to lifetime.

The contents of this page are for informational purposes only and doesn’t constitute legal or financial advice. Read our terms of use for more

Guideline Law