Aggravated Assault While DUI is a Felony offense! A conviction means you are a convicted felon. If you have been charged with Aggravated Assault while DUI, it is important to understand the laws and what you are facing. More important, you should understand there is hope!
What the Law Says
The crime of Aggravated Assault While DUI is found in Section 3735.1 of the Pennsylvania Motor Vehicle Code (75 Pa.C.S.A. § 3735.1). The Aggravated Assault While DUI statute says:
Any person who negligently causes serious bodily injury to another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 commits a felony of the second degree when the violation is the cause of the injury.
Serious bodily injury is legally defined as:
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
What does it mean?
If you were involved in an accident while DUI and anyone suffered a major injury because of it, you can be charged with Aggravated Assault while DUI. It doesn't matter if the injured person was a passenger in your vehicle, in another vehicle, or a pedestrian. The police are saying that you caused the accident because you were driving under the influence.
A key element is that the accident must have been caused by the motorist driving under the influence. For example, if a motorist dressed in dark clothing runs in front of an oncoming car at night on a dark street and that person is seriously injured, even though the driver may have been driving under the influence, the DUI did not cause the serious injuries. It was the actions of the pedestrian that caused the injuries.
What are the penalties?
A conviction under Section 3735.1 carries the penalties of a felony of the second degree. This means that the judge can sentence you for up to 10 years in prison and fine you up to $25,000. These penalties are in addition to whatever penalties you may face on the DUI charge.
How will a conviction for Aggravated Assault by Vehicle While DUI impact my life?:
There are great consequences if you are a CONVICTED FELON. These consequences will affect you for the rest of your life.
If you get a FELONY conviction:
- You can't own or possess a gun
- You can't go hunting
- You can't vote
- You can't travel to Canada and other foreign countries
- You can't work at a school for 10 years
- You will be terminated from state employment
- You must notify the professional licensing board
- YOU WILL BE A CONVICTED FELON
On top of all of that, you will have a HOMICIDE on your permanent criminal record.
There is hope
A DUI charge is not an automatic conviction. Even if the test results show a high BAC number, you are not automatically doomed. An experienced and knowledgeable attorney who tackles tough DUI cases will identify issues in your case that can be challenged. Citizens like you have trusted Former Pennsylvania State Police Attorney Mike Sherman and he has been a life-saver for many. He is a different type of attorney. He's the kind who is willing to fight for you.
What can I do now?
You may feel there is nothing you can do to change your situation. That can't be furthest from the truth. We hire experts in blood and breath testing, accident reconstruction, medicine, and forensic science to review your case and find the weaknesses in the government's case. Have we ever done this before? Many, many times.
For example, in one case we handled, the police claimed our client was driving 96 mph when the accident happened. We hired an accident reconstruction expert to review the evidence. After he reviewed the evidence, we determined that our client's speed was actually 60 mph! That's a difference of 36 mph. That changed the dynamics of the case. We have successfully challenged the blood test results in many cases. Every case is different, but you need someone on your side who is willing to fight and has the knowledge to get the job done.
You need to act now! The longer you wait, memories fade and evidence disappears. Call former Pennsylvania State Police attorney Mike Sherman today for your free consultation. You have nothing to lose.
What is the Mike Sherman Difference?
Mike Sherman has unique experience and knowledge which he uses to protect his clients.
- Mike Sherman is a former attorney for the Pennsylvania State Police. He knows both sides of the law and uses that knowledge to benefit his clients.
- Mike Sherman wrote “the” Pennsylvania textbook on Pennsylvania DUI law, Driving Under the Influence Law and Practice.
- Mike uses a scientific method to investigate your case. Relying on his deep understanding of forensic science, he picks apart the evidence against you and looks for errors he can challenge. He then carefully prepares your case to highlight these issues and put you in the best possible position.
If you are facing a serious Aggravated Assault While DUI charge, don't delay. Call now to set up your free consultation at (412) 471-5000.