Vehicular Assault Offenses And Penalties In Ohio

Offenses And Sentences For Vehicular Assault In Columbus And Central Ohio
The term ‘vehicular assault’ is generically used for offenses in which someone operates a vehicle and causes physical harm to another person. Ohio law actually has three separate crimes: ‘Aggravated Vehicular Assault’, 'Felony Vehicular Assault', and ‘Vehicular Assault’. The offense charged and the potential sentence depends on how the offense is committed and the record of the defendant.  If you are charged with one of these offenses, a Columbus vehicular assault attorney can help if your case is in central Ohio.
Aggravated Vehicular Assault
The prosecution must prove that, while operating a motor vehicle (including a snowmobile, watercraft or aircraft), you caused serious physical harm to another person as a proximate result of committing the offense of OVI (Operating a Vehicle under the Influence of alcohol and/or drugs).

Aggravated Vehicular Assault is a third-degree felony, and the potential sentence includes a mandatory prison term of one year to five years, as well as a mandatory license suspension of two years to ten years.
  • The license suspension for this offense is elevated to either a suspension of two to ten years or a suspension for life if the offender has a prior conviction for: (1) Aggravated Vehicular Assault; (2) Vehicular Assault; (3) a traffic-related homicide, manslaughter, or assault offense; or (4) a traffic-related murder, felonious assault, or attempted murder offense.

  • This offense is elevated to a second-degree felony, punishable by up to eight years in prison, if any of the following apply: (1) driving under a suspended license; (2) prior conviction for Aggravated Vehicular Assault or Vehicular Assault; (3) prior conviction for a traffic-related homicide, manslaughter, or assault offense; (4) three or more prior convictions for OVI within the previous ten years; (5) three or more prior convictions for any of the offenses listed above within the last ten years; or (6) two or more convictions for felony OVI.

  • Reagan Tokes Law:  For an offense which is a first-degree felony or a second-degree felony, the Ohio Department of Rehabilitation and Correction may add prison time to an inmate’s sentence for certain misbehavior.  The maximum prison time which may be added is 50% of the definite prison term imposed by the judge.
Felony Vehicular Assault
The prosecution must prove that, while operating a motor vehicle (including a snowmobile, watercraft, or aircraft), you caused serious physical harm to another person in one of the following ways: (1) as the proximate result of committing a reckless operation offense in a construction zone; or (2) recklessly.

Felony Vehicular Assault is a fourth-degree felony, and the potential sentence includes up to 18 months in prison and a mandatory license suspension for one year to five years.
  • This offense is elevated to a third-degree felony, punishable by one year to five years in prison, if either of the following apply: (1) driving under a suspended license; (2) prior conviction for Aggravated Vehicular Assault, Vehicular Assault, or any traffic-related assault, manslaughter, or assault offense; or (3) also committed the offense of Hit-Skip in the same course of conduct as the Felony Vehicular Assault.
  • The license suspension for this offense is elevated to a suspension of two to ten years if the offender has a prior conviction for: (1) Aggravated Vehicular Assault; (2) Vehicular Assault; (3) a traffic-related homicide, manslaughter, or assault offense; or (4) a traffic-related murder, felonious assault, or attempted murder offense.
Misdemeanor Vehicular Assault
The prosecution must prove that, while operating a motor vehicle (including a snowmobile, watercraft, or aircraft), you caused serious physical harm to another person as the proximate result of committing a speeding offense in a construction zone.

Misdemeanor Vehicular Assault is a first-degree misdemeanor, and the potential sentence includes up to180 days in jail and a mandatory license suspension for one year to five years.
  • This offense is elevated to a fourth-degree felony, punishable by up to 18 months in prison, if either of the following apply: (1) driving under a suspended license; or (2) prior conviction for Aggravated Vehicular Assault, Vehicular Assault, or any traffic-related homicide, manslaughter, or assault offense.
  • The license suspension for this offense is elevated to a suspension for two years to ten years if the offender has a prior conviction for: (1) Aggravated Vehicular Assault; (2) Vehicular Assault; (3) a traffic-related homicide, manslaughter, or assault offense; or (4) a traffic-related murder, felonious assault, or attempted murder offense.
Lawyers For Vehicular Assault Cases In Columbus And Central Ohio
The Dominy Law Firm has practiced criminal defense since 1997 and has represented many clients charged with Vehicular Assault in Franklin County, Delaware County, and counties throughout central Ohio. If you would like to talk about how we can help with your Vehicular Assault case, please EMAIL US or call us at 614-717-1177 to arrange an initial consultation at no charge.
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