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 uses a vehicle and causes physical harm to another person. Ohio law actually has two separate crimes: ‘Aggravated 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.

Aggravated Vehicular Assault

The prosecution must prove that, while operating a vehicle (including a boat or aircraft), you caused serious physical harm to another as a proximate result of operating a vehicle under the influence of alcohol or drugs. The sentence for Aggravated Vehicular Assault in Ohio depends on the defendant’s record and the presence of aggravating factors.

  • Aggravated Vehicular Assault in Ohio 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 for two years to ten years.
  • The license suspension for this offense is elevated to a suspension for three years to life if any of the following apply: (1) prior conviction for Vehicular Assault; (2) prior conviction for any traffic-related homicide, manslaughter, or assault offense; or (3) prior conviction for a traffic-related murder, felonious assault, or attempted murder.
  • This offense is elevated to a second degree felony punishable by a mandatory prison term of two years to eight years if any of the following apply: (1) driving with no license or a suspended license; (2) prior conviction for Vehicular Assault; (3) prior conviction for any traffic-related homicide, manslaughter, or assault offense; (4) three or more convictions in the last six years for operating a vehicle/boat/aircraft under the influence; (5) a combination of 3 and 4 above; (6) two or more convictions for felony O.V.I.
Vehicular Assault

The prosecution must prove that, while operating a vehicle (including a boat or aircraft), you caused serious physical harm to another person in one of the following ways: (1) recklessly; (2) as the proximate result of committing a reckless operation offense in a construction zone; or (3) as the proximate result of committing a speeding offense in a construction zone. The sentence for Vehicular Assault in Ohio depends on how the offense is committed (which of those three ways) and the defendant’s record.

  • If this offense is committed by operating a vehicle recklessly or as the proximate result of committing a reckless operation offense in a construction zone, Vehicular Assault in Ohio is a fourth degree felony, and the potential sentence includes a prison term of up to 18 months and a mandatory license suspension for one year to five years.
    • This offense is elevated to a third degree felony, punishable by a prison term of one year to five years, if any of the following apply: (1) driving with no license or a suspended license; (2) prior conviction for Vehicular Assault; (3) prior conviction for any traffic-related homicide, manslaughter, or assault offense; (4) this offense also involved the offense of Hit-Skip.
    • The prison term for this offense is mandatory if either of the following apply: (1) prior conviction for Vehicular Manslaughter or Vehicular Homicide; or (2) driving with a suspended license.
    • The license suspension for this offense is elevated to a suspension for two years to ten years if any of the following apply: (1) prior conviction for Vehicular Assault; (2) prior conviction for any traffic-related homicide, manslaughter, or assault offense; or (3) prior conviction for a traffic-related murder, felonious assault, or attempted murder.
  • If this offense is committed as the proximate result of committing a speeding offense in a construction zone, Vehicular Assault in Ohio is a first degree misdemeanor, and the potential sentence includes up to six months in jail (with a minimum mandatory jail sentence of seven days) and a mandatory license suspension for one year to five years.
    • This offense is elevated to a fourth degree felony, punishable by a prison term up to 18 months, if any of the following apply: (1) driving with a suspended license; (2) prior conviction for Vehicular Assault; (3) prior conviction for any traffic-related homicide, manslaughter, or assault offense.
    • The prison term for the felony version of this offense is mandatory if either of the following apply: (1) prior conviction for Vehicular Assault or Vehicular Homicide; or (2) driving with a suspended license.
    • The license suspension for this offense is elevated to a suspension for two years to ten years if any of the following apply: (1) prior conviction for Vehicular Assault; (2) prior conviction for any traffic-related homicide, manslaughter, or assault offense; or (3) prior conviction for a traffic-related murder, felonious assault, or attempted murder.
Lawyer For Vehicular Assault Cases In Columbus And Central Ohio

I have practiced criminal defense since 1997, and I 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 I can help with your Vehicular Assault case, please EMAIL ME or call me at 614-717-1177 to arrange an initial consultation at no charge.