Vehicular assault is one of the most serious traffic-related criminal charges a driver can face in Washington. When a collision causes serious injury under certain conditions, prosecutors may pursue a felony that carries years in prison and consequences that extend far beyond any sentence.
Your employment, driving privileges, and personal reputation can all be at risk, which is why you need a Tacoma assault defense attorney to protect your interests. Contact us for a free consultation today.
What Counts as Vehicular Assault in Washington?
Washington law treats vehicular assault as a felony when dangerous driving causes serious injury. The charge applies when a driver causes substantial bodily harm to another person through one of three types of conduct.
Under RCW 46.61.522, you may face vehicular assault charges if you operate a vehicle:
- In a reckless manner that causes substantial bodily harm to another person
- While under the influence of alcohol or any drug and cause substantial bodily harm
- With disregard for the safety of others, resulting in substantial bodily harm
Substantial bodily harm is defined as an injury that results in temporary but significant disfigurement, a temporary but significant loss or impairment of a body part or organ, or a fracture.
What Must Prosecutors Prove to Convict Someone of Vehicular Assault?
In a criminal case, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt. When the case involves vehicular assault, they must show that you operated a vehicle, that your driving fit one of the categories listed above, and that this conduct caused substantial bodily harm to another person.
To support these claims, prosecutors may leverage several pieces of evidence:
- Police reports
- Crash reconstruction
- Blood or breath test results
- Witness accounts
- Dashcam or surveillance footage
- Medical records documenting the injuries
Penalties and Long-Term Consequences of a Vehicular Assault Conviction
Vehicular assault is a class B felony in Washington, punishable by up to ten years in prison and a fine of up to $20,000. If you are convicted, your driver’s license will also be revoked for one year. If your case involves alcohol or drugs, you may be required to attend a treatment program. Beyond the courtroom, a felony record can affect employment, housing, professional licensing, and insurance rates for years to come.
Common Defenses to Vehicular Assault Charges in Washington
You have the right to defend yourself against vehicular assault charges and challenge the prosecution’s evidence against you. If you have been charged with vehicular assault, a Washington criminal defense lawyer can analyze your case and develop a strategy tailored to your circumstances.
Common defenses include:
- Challenging How the Crash Occurred: Evidence that another driver, a road hazard, or a mechanical failure contributed to the collision can refute the claim that your conduct caused the injuries.
- Questioning the Severity of the Injury: If the harm does not meet the legal definition of substantial bodily harm, the charge may be reduced or dismissed.
- Identifying Procedural Errors: Mistakes during the traffic stop, arrest, or evidence collection can lead to evidence being suppressed, weakening the prosecution’s case.
Discuss Your Options with a Tacoma, WA Vehicular Assault Defense Lawyer
When your freedom and future hang in the balance, the choices you make early can shape the road ahead. At The Law Offices of Mark S. Treyz, we challenge weak evidence, protect our clients’ constitutional rights, and pursue the best available outcome. If you are facing vehicular assault charges in Washington, contact our firm today to discuss your defense and protect your future.