West Chester DUI Aggravated Assault Lawyer
As serious as facing a DUI charge in Pennsylvania, a drunk driving charge arising from a serious automobile accident has significant ramifications that can affect your future. If you are involved in a motor vehicle accident and someone is seriously hurt and you are being accused of driving while intoxicated, contact legal counsel immediately. In addition to facing a charge of driving after imbibing or DUI; you may also be facing a felony charge of Aggravated Assautl by vehicle while driving under the influence. Get legal advice now by contacting an experienced dui lawyer us by email or calling us at (610) 692-8700 or toll free at (877) 529-2422.
Under Pennsylvania’s Aggravated Assault by vehicle while driving under the influence statute (75 section 3735.1); an individual can be convicted of a felony with mandatory jail time if the Commonwealth can prove that you negligently caused serious bodily injury to another person as a result of a violation of the drunk driving statute (75 section 3802). Under the aggravated assault dui law, serious bodily injury means a bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss of inpairment of the function of any bodily member or organ. A conviction under this law is a felony of the 2nd degree and carries a fine of up to $25000.00,and carries a mandatory sentence of not less than three (3) years and a maximum sentence of ten years.
Lawyers that fight An Aggravated Assault DUI Arrest
It is important to contest every aspect of the prosecution’s case when facing an aggravated assault by vehicle arrest. In many cases the police may automatically charge you even though you were not the negligent party that caused the accident. In order for the Commonwealth to proof their case, they have to proof that the accident was caused by your alleged intoxication. In these types of case we can contest the charges and argue that the accident was not your fault; that the accident would have happened regardless of your intoxication; and or that the alleged injuries are not serious injuries under the law.
Contact Our DUI Attorney
At Ciccarelli Law Offices, our Aggravated Assault DUI lawyers take their commitment seriously their treatment of our clients facing a dui stop, dui arrest and dui penalties. You deserve a aggravated assault DUI lawyer that is available when you need him, treats you with respect, and protects your rights vigorously.
Based in suburban Philadelphia at 304 North High Street, West Chester PA 19380, we make your choice all the clearer with locations throughout the metropolitan Philadelphia Pennsylvania, including Center City Philadelphia, West Chester PA, Malvern (serving Downingtown/Exton PA), Kennett Square PA, Lancaster PA, King of Prussia PA, Plymouth Meeting PA, Radnor and Springfield PA.
We serve Downingtown, Paoli, Media, Norristown, Harrisburg, Lancaster, Lebanon, Reading and Allentown. For more information or to schedule an appointment with an experienced Aggravated Assault DUI Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.
Information About Aggravated Assault by Vehicle with DUI
- Definitions for Aggravated Assault with DUI
- Penalties for Aggravated DUI Offense
- Possible Defenses to Driving Under the Influence Assault Charges
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Definitions for Aggravated Assault with DUI
In Pennsylvania, aggravated assault with a vehicle while DUI is an offense that involves negligently causing serious bodily injury to another person as the result of driving under the influence, according to Pa. Cons. Stat. § 3735.1.
In this case, a person could be considered under the influence if he or she has consumed alcohol, drugs or a combination of substances. After a crash or an incident, law enforcement could use a variety of chemical tests to determine if a person is under the influence. If a driver has a blood-alcohol content of 0.08 or greater, he or she automatically is considered intoxicated.
BAC testing could be done by the testing of breath, blood or urine. In Pennsylvania, a person has the right to refuse to submit to BAC testing, but there could be severe consequences.
The term “serious bodily injury” means a person endured “serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.” The injured person could be someone in another vehicle, a pedestrian or even a passenger in the alleged drunk driver’s vehicle.
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Penalties for Aggravated DUI Offense
DUI aggravated assault is a second-degree felony in Pennsylvania. If convicted, a person could face up to 10 years in prison, a fine of up to $25,000 or both. In addition, a conviction could mean a one-year suspension of driving privileges and requirement to complete an alcohol rehabilitation program. Also, an ignition interlock device could be required for your vehicle.
As with most DUI charges, there are other consequences in addition to those imposed in the courtroom. If you are convicted, you could lose your job or be forced to change careers. For example, if you are a commercial driver, teacher or nurse, your profession could be endangered. Insurance rates also could increase.
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Possible Defenses to Driving Under the Influence Assault Charges
After a DUI arrest, you may feel like there are no options in fighting the charges. However, even in an aggravated assault with a vehicle DUI, there still could be a way to build a strong defense. An attorney at Ciccarelli Law Offices can help.
In these cases, a prosecutor must prove a person was under the influence when the alleged offense occurred. The prosecutor also must prove the driver was operating the vehicle negligently and that is what caused the accident. Any attorney can examine your chase, and some of these aspects could be challenged.
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Finding the Best Aggravated Assault by Vehicle Defense Attorney in Chester County
If you are facing charges for DUI aggravated assault, the team at Ciccarelli Law Offices can help. Our attorneys have years of experience, and they can help you fight to protect your rights. An experienced and skilled DUI attorney can make a difference in your case. Call (610) 692-8700 to schedule a free consultation.