Vehicular Assault

Vehicular assault is a serious criminal offense in Washington State. The aftermath of these incidents can tear families apart, change lives forever, and leave the community dealing with the consequences. In Pierce County, these tragic events are more than statistics; they are reminders of the devastating impact reckless driving can have.

The legal journey can be complex and daunting for those accused of this crime. That’s why it’s important to have the guidance of a skilled Tacoma criminal defense attorney on your side. They can help you navigate the legal system and lead you to a fair outcome.

Understanding Vehicular Assault in Tacoma

Under Washington law, vehicular assault is a serious offense defined by RCW 46.61.522. You can be charged for this crime when you choose to operate your vehicle:

• In a reckless manner that causes substantial harm to another person
• While under the influence of drugs or alcohol, leading to substantial bodily harm
• With disregard for the safety of others, resulting in severe bodily harm

Substantial bodily harm refers to injuries that involve temporary but significant disfigurement, impairment, or fractures.

Here are the other Washington State laws relevant to vehicular assault:

• RCW 46.61.502: Driving Under the Influence
• RCW 9A.20.021: Classification and penalties for felonies
• RCW 46.20.285: Driver’s license revocation for a felony involving a vehicle

The Legal Consequences of Vehicular Assault

This offense is classified as a Class B felony in Washington. Penalties include:

• Up to 10 years in prison
• Fines that may exceed $20,000
• Mandatory driver’s license revocation for at least a year
• Potential ignition interlock device installation if alcohol or drugs played a role
• Long-term impact on employment, housing, and personal relationships

In Pierce County, the legal system treats these cases seriously, which is a true reflection of the community’s commitment to road safety.

Aggravating Factors That Can Increase Penalties

Not all vehicular assault cases are treated equally in Pierce County Court. Certain aggravating factors can lead to enhanced penalties. These factors include:

• High BAC (blood alcohol concentration)
• Prior DUI or reckless driving convictions
• Driving with a suspended or revoked license
• Speeding excessively
• Involvement in street racing
• Injuring a vulnerable victim like a child or pedestrian

All these factors can influence the prosecution’s approach to your case. It can also limit potential plea bargaining opportunities. A knowledgeable attorney in Tacoma will assess whether any of these factors are present and build a strategy tailored to your case.

Consequences Beyond the Courtroom

A vehicular assault conviction doesn’t end in the courtroom. Let’s take a closer look at how this charge can affect other aspects of your life.

• Job Prospects: Many employers hesitate to hire people with felonies.
• Professional Licenses: Nurses and teachers, for example, can lose their certifications.
• Immigration Status: Non-citizens could face deportation.
• Civil Lawsuits: Victims can sue for damages in civil court.

Common Defenses to Vehicular Assault in Pierce County

Depending on the circumstances of your case, your Tacoma criminal defense attorney may be able to pursue the following defenses:

• Lack of substantial bodily harm (injuries aren’t as serious as claimed)
• Lack of causation (your driving didn’t cause the injury)
• Challenging toxicology evidence (contaminated or improperly handled samples)
• Involuntary intoxication (you were unknowingly drugged)
• Vehicle malfunction (brake failure, steering issues, etc.)

Alternative Sentencing and Diversion Options Available in Tacoma

In some cases, including when you are a first-time offender, your Tacoma attorney may be able to advocate for alternatives to traditional sentencing, such as:

• Work release or electronic home monitoring
• Community custody, which is similar to probation
• Drug or alcohol treatment programs
• Therapeutic or mental health court (if applicable to your case)

While these options aren’t guaranteed, they can be considered depending on the severity of the incident, your criminal history, and your willingness to participate in treatment or community service.

Your Tacoma defense attorney can argue on your behalf for these alternatives during the sentencing phase.

The Step-by-Step Legal Process in Pierce County

If you’re arrested for vehicular assault in Tacoma, Pierce County Superior Court will likely handle your case. Here’s what you can expect:

• Arrest and Booking: You are typically arrested at the scene, especially if intoxication or reckless behavior is suspected. You’ll then be booked into Pierce County jail and be held until your bail hearing.
• First Court Appearance: The charges are read at the arraignment, and you enter your plea. Bail conditions or release might be discussed at this point. It's important to hire a Tacoma attorney before this stage.
• Pre-Trial Proceedings: During this time, your attorney can request discovery like police reports, witness statements, and toxicology results. They can also file motions to suppress unlawfully obtained evidence and negotiate with the prosecution for reduced charges.
• Trial or Plea Deal: Many vehicular assault cases in Tacoma are resolved through plea agreements. If your case goes to trial instead, the prosecution will have to prove you were the one operating the vehicle, you were reckless or under the influence, the victim sustained substantial bodily harm, and your actions caused the injury. Your skilled Tacoma defense attorney can challenge any weak points in the prosecution’s argument.
• Sentencing: If you’re convicted, the judge will consider Washington’s Sentencing Reform Act and your prior criminal history, if any. Sentences can include prison time, fines, probation, and license revocation.

Frequently Asked QuestionsWhy You Need a Tacoma Criminal Defense Attorney

If you’ve been charged with vehicular assault in Tacoma, you shouldn’t wait to get help. An experienced criminal defense attorney in Tacoma can evaluate the strength of the prosecution’s case, investigate potential defenses, challenge toxicology results, negotiate, and represent you in court.

Whether this was the result of a tragic mistake or a misunderstanding, vehicular assault is a serious offense in Tacoma and is something you don’t want to navigate on your own. If you or someone you know is facing this charge, reach out to a qualified criminal defense attorney right away. The sooner you act, the better your chances are at preserving your freedom, future, and reputation.