Commerce City Vehicular Assault and Homicide Defense Lawyer

A vehicular assault or vehicular homicide charge in Colorado carries consequences that reach far beyond a courtroom. We are talking about potential prison sentences measured in years, permanent felony records, and in some cases, a conviction that reshapes every aspect of a person’s life. When charges stem from an accident, the gap between a tragic outcome and criminal culpability is where the entire case lives. Reid DeChant at DeChant Law handles these cases for clients in Commerce City and throughout the Adams County area, bringing courtroom experience and the kind of focused attention these charges demand.

What Colorado Law Actually Charges in These Cases

Vehicular assault and vehicular homicide are separate crimes under Colorado statute, and the charging decisions prosecutors make early on determine how the rest of the case unfolds. Vehicular assault applies when a driver causes serious bodily injury to another person. Vehicular homicide applies when someone is killed. Both charges can be filed under two different theories: driving under the influence or driving with recklessness.

The DUI-based version is a per se strict liability theory in many respects. If alcohol or drugs are involved and a death or serious injury resulted, prosecutors often move quickly to file and rarely offer favorable early resolutions. The recklessness-based theory requires proving that a driver consciously disregarded a substantial and unjustifiable risk. That distinction matters because recklessness is a mental state that can be challenged, investigated, and contested, while a BAC-driven charge leans more on chemical evidence.

Vehicular assault with recklessness is a class 5 felony. The DUI-based version is a class 4 felony. Vehicular homicide with recklessness is a class 4 felony. Vehicular homicide while DUI is a class 3 felony. The jump from class 5 to class 3 represents a dramatic difference in presumptive sentencing ranges, which is why understanding how prosecutors have framed the charge matters from the very first day.

How These Cases Come Together in Commerce City and Adams County Courts

Commerce City sits within Adams County, and these cases are prosecuted by the Adams County District Attorney’s Office. Reid has direct experience working in Adams County as a public defender, which means he understands how that office operates, the tendencies of the court, and the practical realities of how these cases move through the system.

Vehicular assault and homicide investigations do not end at the crash scene. After a serious accident, law enforcement may request a blood draw, call in a drug recognition expert, pull cell phone records, review surveillance footage from nearby commercial properties, and retain accident reconstruction specialists. By the time charges are formally filed, the prosecution has often spent weeks or months building a case. That head start is one reason why getting a defense attorney involved as early as possible changes outcomes.

Commerce City sits along major corridors including I-76, E-470, and sections of Highway 2. These roads see significant commercial truck traffic, high-speed commuter lanes, and areas where road conditions, lighting, and traffic engineering decisions have historically contributed to dangerous driving environments. When accidents happen on infrastructure with known hazards, those conditions become part of the defense analysis.

Adams County cases are heard at the Adams County Justice Center in Brighton. Arraignments, preliminary hearings, motions hearings, and trials all happen there. Knowing the venue, the judges who handle felony cases, and the procedural rhythms of that courthouse is part of effective representation, not a footnote.

The Evidence Problems That Actually Change These Cases

Chemical evidence in vehicular homicide and assault cases deserves serious scrutiny. Blood draws must follow strict protocols regarding timing, chain of custody, and laboratory handling. A blood draw taken more than two hours after driving, a sample that was improperly stored, or testing conducted by a lab with quality control issues can all affect whether that evidence holds up. Colorado’s express consent statute creates specific requirements, and when those requirements are not followed precisely, the consequences for admissibility can be significant.

Accident reconstruction is the other major battleground. Prosecution experts often reconstruct speed, point of impact, sight lines, and driver behavior from physical evidence at the scene. These reconstructions are not infallible. They rely on assumptions, measurements taken after the fact, and interpretive judgment calls. An independent reconstruction expert reviewing the same data sometimes reaches very different conclusions, and those differences can reframe what the evidence actually shows about whether recklessness occurred.

Witness accounts from crash scenes also tend to be inconsistent, particularly from people who were themselves in the middle of a traumatic event. Statements taken in the immediate aftermath of a collision carry their own reliability problems, and cross-examination of eyewitnesses at trial often reveals significant gaps between what someone believed they saw and what the physical evidence actually supports.

One area that defense attorneys must investigate thoroughly is whether another driver, a road defect, a vehicle malfunction, or poor visibility conditions contributed to the accident. These are not just sentencing arguments. They go directly to causation, and causation is an element the prosecution must prove beyond a reasonable doubt.

Questions Commerce City Residents Ask About These Charges

Can a vehicular homicide charge be reduced?

Yes, in some cases. The specific reduction that is possible depends on the facts, the evidence, and the prosecution’s theory. A DUI-based vehicular homicide charge might be reduced to recklessness-based if the chemical evidence is successfully challenged. Other reductions depend on what investigation reveals about causation and fault. These outcomes are not guaranteed, but they are realistic goals in cases where the evidence warrants it.

What happens if I refused the blood draw at the scene?

In Colorado, refusing a blood or breath test triggers an automatic license revocation under the express consent statute. That refusal can also be used as evidence in the criminal case. However, refusal is not a confession, and the prosecution still carries the burden of proving impairment through other means. The DMV proceeding over the license is separate from the criminal case, and both require attention from an attorney who handles DUI matters.

How long does a vehicular homicide case typically take to resolve?

These cases are not quick. Complex felony cases in Adams County routinely take a year or more from the time charges are filed to a final resolution, whether that is a plea agreement, a dismissal after successful motions, or a jury verdict. The investigation phase before charges are even filed can take additional months. Patience and consistent communication from your attorney matter throughout that timeline.

What is the sentencing range for vehicular homicide in Colorado?

A class 3 felony vehicular homicide while DUI carries a presumptive range of four to twelve years in the Colorado Department of Corrections. A class 4 felony reckless vehicular homicide carries two to six years presumptively. Extraordinary mitigating or aggravating circumstances can push those ranges outside the presumptive bands. Sentencing in these cases also often involves restitution and victim impact considerations.

Is it possible to go to trial on one of these charges?

Absolutely, and for some clients, trial is the right path. Reid has jury trial experience, including not guilty verdicts in serious cases, and he does not treat trial as a last resort when the evidence genuinely supports contesting the charges. The decision to go to trial is always made in collaboration with the client after a thorough review of the evidence and an honest assessment of the risks and realistic outcomes.

Will I lose my driver’s license if convicted?

A conviction for vehicular assault or vehicular homicide typically results in license revocation in addition to criminal penalties. The length of the revocation depends on the specific charge and the person’s prior driving history. The DMV proceeding happens alongside the criminal case, and outcomes in one can sometimes affect the other, which is why having a lawyer who handles both is important from the start.

What if I had a valid prescription for the substance that contributed to the accident?

Colorado’s DUI statute covers prescription medications. A valid prescription does not create a legal defense to driving while impaired by that medication. The relevant question is whether the drug impaired the driver’s ability to safely operate the vehicle, not whether the driver had a legal right to use it. This is an area where the prosecution’s evidence and the defense’s response to it matter significantly.

Facing a Vehicular Assault or Homicide Charge in the Adams County Area

These cases demand a lawyer who will review every piece of evidence before the prosecution gets comfortable with its theory, who has stood in Adams County courtrooms before, and who treats clients as people with a story worth telling. Reid DeChant built his practice on exactly that approach, working through cases as a public defender and in private practice across Colorado. For anyone in Commerce City dealing with a vehicular assault or homicide charge in the Commerce City and Adams County area, the conversation with DeChant Law starts with honesty about the charges, the evidence, and what is actually possible.