Legal Powers PLLC represents individuals throughout Middle Tennessee. Contact Legal Powers PLLC if you’re in need of criminal representation.
THE DEFINITION OF VEHICULAR ASSAULT IN TENNESSEE:
In Tennessee, Vehicular Assault is defined as:
A person commits vehicular assault who, as the proximate result of the person’s intoxication as set forth under the Driving Under the Influence statute, recklessly causes serious bodily injury to another person by operation of a motor vehicle.
While the definition may seem straightforward – essentially being a Tennessee DUI that involves a crash that caused serious bodily injury – there are several terms in the definition that have specific meaning and that require specific proof for the State of Tennessee to convict someone charged with Vehicular Assault.
One such term is “serious bodily injury.” Not all injuries qualify as “serious bodily injury” and even some injuries that may seem serious do not qualify. Also, the determination of whether the person was driving under the influence in a key point of fighting and requires a thorough evaluation of how the investigation was conducted, whether the investigating officers collected certain evidence, whether witnesses were interviewed and what their statements were, and whether the accused’s rights were violated.
That is why it is important that you have a knowledgeable Tennessee criminal defense attorney on your side fighting the charges against you with your rights in mind.
CONSEQUENCES OF A VEHICULAR ASSAULT CONVICTION IN TENNESSEE:
The potential consequences of a Vehicular Assault conviction in Tennessee are serious and severe. A Vehicular Assault charge in Tennessee is a Class D Felony. Which means, if convicted of Vehicular Assault in Tennessee, you not only become a felon for life but also are facing the possible punishment of 2 to 12 years to serve in prison, as well as, a possible fine of up to $5,000.
Additionally, if convicted, Tennessee Vehicular Assault comes with certain mandatory punishments depending on the circumstances of the person charged which are as follows:
- Any sentence imposed for a first violation carries a mandatory minimum of 48 Hours of incarceration;
- If at the time of sentencing for a violation of the Tennessee Vehicular Assault statute the person charged has one (1) prior conviction for an alcohol-related offense, then the mandatory minimum sentence to serve is 45 consecutive days of incarceration;
- If at the time of sentencing for a violation of the Tennessee Vehicular Assault statute the person charged has two (2) prior convictions for alcohol-related offenses, then the mandatory minimum sentence to serve is 120 consecutive days of incarceration;
- If at the time of sentencing for a violaton of the Tennessee Vehicular Assault statute the person charged has three (3) or more prior convictions for alcohol-related offenses, then the mandatory minimum sentence to serve is 150 consecutive days of incarceration
- Additionally, a conviction for violating the Tennessee Vehicular Assault statute may cause the person to lose his or her driver’s license for anywhere from 1 to 5 years depending on the circumstances of the charge.
The consequences of a Vehicular Assault conviction are especially serious. If convicted, it turns the person convicted into a felon, carries the possibility of serious prison time and carries mandatory minimum time to serve in incarceration, takes away the person’s driver’s license, and carries with it a variety of negative social consequences such loss of employment, limiting new employment opportunities in the future, and can adversely affect personal relationships.
The Importance of Hiring An Attorney:
Franklin, TN attorney Ben Powers has the experience you need for Vehicular Assault criminal defense.
Given the seriousness of a Tennessee Vehicular Assault charge it is especially important to have a skilled criminal defense attorney on your side.
A strong criminal defense attorney is capable of challenging the allegations and alleged evidence against you, can properly advise you as the case evolves and moves forward through the courts, and knows how to effectively advocate for you as he navigates the criminal system.
If you are under investigation for or have been arrested or charged with Vehicular Assault in Franklin, Nashville, or the Middle Tennessee area, and want a strong criminal defense attorney like the one described above on your side fighting for you and your rights then contact Legal Powers, PLLC today for a free consultation to see why our representation is right for you.
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