Frederick Vehicular Assault and Homicide Defense Lawyer
A collision that results in serious injury or death can transform a driver into a criminal defendant almost overnight. Colorado prosecutors treat these cases as among the most serious on their dockets, and the charges that follow, vehicular assault or vehicular homicide, carry prison sentences that rival many violent felonies. If you are facing these charges in Frederick or anywhere in Weld County, DeChant Law brings the courtroom experience and personal commitment these cases demand.
What Separates Vehicular Assault from Vehicular Homicide Under Colorado Law
Colorado Revised Statutes draw a clear line between these two offenses based on the outcome of the crash, but both require the prosecution to prove that the driver’s conduct caused the harm.
Vehicular assault applies when a driver causes serious bodily injury to another person. “Serious bodily injury” has a specific legal meaning, covering injuries that involve a substantial risk of death, permanent disfigurement, or long-term loss of organ function. The charge is a class 4 felony when the driver was under the influence of alcohol or drugs, and a class 5 felony when the prosecution relies on reckless driving instead. Class 4 felonies in Colorado carry two to six years in state prison, with a mandatory parole period to follow.
Vehicular homicide applies when the crash results in death. The DUI-based version is a class 3 felony, exposing a defendant to four to twelve years in prison. The reckless driving version is a class 4 felony. These are not charges where the consequences fade after probation. A conviction follows a person for the rest of their life.
Frederick sits within Weld County, and cases originating here are prosecuted through the Weld County District Attorney’s office and heard in Weld County District Court in Greeley. The 19th Judicial District is known for active prosecution of serious traffic felonies, particularly those involving impairment.
The Evidence the State Typically Builds in These Cases
These cases rarely turn on a single piece of evidence. Prosecutors usually construct a picture from several sources, and each one is worth examining carefully.
Toxicology results from blood draws are often central. If law enforcement obtained a blood sample, questions about chain of custody, draw timing, and laboratory procedure all matter. Colorado requires chemical tests to be administered within two hours of driving in DUI-related cases. Deviations from that requirement have resulted in dismissals in cases Reid has handled at the DMV level and in court.
Accident reconstruction reports are another cornerstone of these prosecutions. The state will often hire an expert to recreate the crash and opine on speed, point of impact, and driver behavior. These reports are not infallible. The assumptions built into them can be challenged, and in some cases a defense-retained expert reaches entirely different conclusions.
Cell phone data, dashcam footage, and witness statements round out a typical case file. In the Highway 52 corridor, U.S. 287, and the stretch of I-25 near Frederick, crashes are frequently captured on roadway cameras or witnesses are nearby. That footage cuts both ways. It can sometimes show that road conditions, another driver’s actions, or mechanical failure contributed to what happened.
Physical evidence from the scene, the vehicle itself, and even the road design all carry weight. Tire marks, debris fields, and the final resting positions of vehicles all tell part of the story. Defense attorneys who understand accident reconstruction can ask the right questions when reviewing the state’s expert reports.
Why Recklessness Is the Word That Matters Most
The prosecution in a non-DUI vehicular homicide or assault case must prove recklessness, not just negligence. This distinction is significant. Negligence means a driver failed to exercise reasonable care. Recklessness means a driver consciously disregarded a substantial and unjustifiable risk. These are different mental states, and the difference between them can determine whether conduct is criminal at all.
Fatal crashes happen every day that do not involve reckless driving. A momentary lapse in attention, a sudden medical event, or a tire blowout can cause a catastrophic collision without any reckless decision-making on the driver’s part. Colorado’s statute requires more than an accident with a terrible outcome. Prosecutors sometimes charge recklessly when the evidence supports only negligence, and holding them to the correct legal standard is a core part of defense work in these cases.
When DUI is alleged alongside vehicular assault or homicide, the recklessness question becomes more layered. Colorado law has long recognized that choosing to drive impaired can itself constitute recklessness. Defense work then shifts to the underlying DUI evidence: the stop, the field sobriety testing, the blood draw, and the reliability of the BAC result.
Questions Reid Hears from Clients Facing These Charges
Can a vehicular homicide charge be reduced or dismissed in Colorado?
Yes, though it depends heavily on the facts. Cases have been dismissed or reduced when the underlying DUI evidence was suppressed, when the recklessness element could not be proven, or when the cause of death was contested. Dismissals are not common in vehicular homicide cases, but they do happen, and every element of the prosecution’s case deserves scrutiny.
Will I automatically lose my license after being charged?
A DUI-related vehicular assault or homicide charge triggers DMV proceedings independent of the criminal case. Colorado’s express consent law means the DMV can move to revoke your license based on a breath or blood test result, or a refusal, even before your criminal case resolves. These DMV hearings have their own deadlines and their own defenses. Reid has handled numerous express consent actions and has secured dismissals in cases where procedural requirements were not followed.
What if the other driver was also at fault?
Shared fault does not automatically defeat a criminal charge, but it is relevant. If the prosecution’s theory depends on attributing all causation to your driving, evidence that another driver’s conduct contributed meaningfully to the crash can undermine that theory. Accident reconstruction and witness testimony both factor into this analysis.
Can I be charged even if I was not impaired?
Yes. Vehicular assault and homicide can be charged based on reckless driving alone, without any allegation of impairment. Common examples include excessive speeding, aggressive lane changes, or running a red light at high speed. The penalties are lower than the DUI-based versions, but they still involve felony convictions and potential prison time.
What is the difference between vehicular homicide and criminally negligent homicide?
Criminally negligent homicide is a class 5 felony and involves a lower mental state than recklessness. It applies when a person fails to perceive a substantial and unjustifiable risk that a reasonable person would have noticed. Whether a case is charged as vehicular homicide or criminally negligent homicide depends on how prosecutors assess the driver’s state of mind, and that assessment can be contested.
How long do these cases typically take to resolve?
Felony cases in Weld County, like most complex criminal matters, take time. Between preliminary hearings, motions practice, expert disclosure, and trial scheduling, it is common for serious felony cases to span a year or more from arrest to resolution. That timeline creates space for thorough investigation, motions to suppress evidence, and negotiation if appropriate.
Does prior DUI history affect a vehicular assault or homicide charge?
It can. Prior DUI convictions may affect sentencing, and prosecutors may reference them in arguing for harsher outcomes. However, prior history does not change the elements the state must prove at trial. Each charge still requires proof beyond a reasonable doubt of every element, including causation and the applicable mental state.
Facing a Vehicular Assault or Homicide Charge Near Frederick
Reid DeChant spent years as a public defender handling the full range of felony cases, including serious assault and homicide charges, in Denver, Adams County, and Broomfield. He went on to deepen that experience at Trial Lawyers College, where the focus was on what actually moves a jury: understanding and telling the client’s story with honesty and precision. He has tried DUI cases to verdict and secured not-guilty results in assault and homicide-related matters. For someone charged with a Frederick vehicular assault or homicide offense, that combination of trial experience and genuine investment in the outcome is what the case requires. Reach out to DeChant Law to talk through what happened and what options exist from here.