Lafayette Vehicular Assault and Homicide Defense Lawyer
A crash that results in serious injury or death can transform someone’s life in an instant, and not just the victim’s. Drivers charged with vehicular assault or vehicular homicide in Lafayette face felony prosecution that can mean years in prison, permanent loss of driving privileges, and a record that follows them everywhere. Reid DeChant defends people facing these charges in Boulder County and across the Denver metro, bringing courtroom experience from public defense and private practice to cases where the stakes are as serious as they get.
What Colorado Law Actually Charges in These Cases
Colorado draws a meaningful distinction between vehicular assault and vehicular homicide, and that distinction shapes everything about how a case is prosecuted.
Vehicular assault under C.R.S. 18-3-205 applies when a driver causes serious bodily injury to another person. The charge becomes a class 4 felony when the prosecution alleges the driver was under the influence of drugs or alcohol. Without that DUI element, it drops to a class 5 felony, but it is still a felony, and the record consequences are the same.
Vehicular homicide under C.R.S. 18-3-106 applies when a crash causes death. With an alleged DUI component, it becomes a class 3 felony, one of the more serious non-violent felony designations in Colorado. Without impairment, the prosecution must prove the driver behaved recklessly, not merely carelessly. That distinction matters because recklessness is a higher mental state to prove than ordinary negligence.
Lafayette sits in Boulder County, where cases are prosecuted through the Boulder County District Attorney’s Office and heard in the Boulder County District Court on Canyon Boulevard. Boulder County prosecutors take traffic fatality cases seriously and often push for significant prison time, particularly when impairment is alleged. Reid knows how these cases move through that courthouse and what matters at each stage.
The Evidence These Cases Hinge On
Vehicular assault and homicide cases are built on reconstruction. Police typically call in accident reconstruction specialists who use physics, road evidence, skid marks, vehicle data, and witness accounts to produce a narrative of what happened. That reconstruction is not neutral science. It involves assumptions, measurements that can be challenged, and conclusions that depend on how the investigator frames the facts.
Event data recorders, sometimes called black boxes, are central in many modern crash cases. They can record speed, braking, throttle position, and seatbelt use in the seconds before impact. What the data shows, and how it is interpreted, can be contested by independent reconstruction experts.
If impairment is alleged, the evidence chain includes the stop or arrival at the scene, field sobriety tests, blood or breath testing, and the accuracy of the collection and analysis. Reid has handled DUI cases extensively and knows where that chain breaks down. An improper advisement, a delayed blood draw, a compromised sample, or a flawed breath test can each create grounds to challenge the impairment evidence.
Witness statements gathered at the scene immediately after a serious crash are often inconsistent with each other and with later recollections. Cross-examining how those accounts were collected and whether they were influenced by suggestion or assumption is a core part of this defense work.
Roads around Lafayette that see significant traffic volume, including the US-36 corridor, South Boulder Road, and State Highway 42 through Louisville and the nearby intersection areas, are common locations for serious crashes. The geometry of those roads, speed limits, signage, and road conditions at the time of the crash all form part of a complete factual picture.
Recklessness Versus Negligence: Why the Line Matters
In Colorado, vehicular homicide charges that do not involve alleged impairment require the prosecution to prove the driver acted recklessly. That is not the same as making a mistake. Recklessness means the driver consciously disregarded a substantial and unjustifiable risk. Speeding through a yellow light is not automatically reckless. Falling asleep at the wheel after driving for an extended period raises more complex questions. How a crash actually happened, as opposed to how it is initially described in a police report, can determine whether the correct charge was filed at all.
The difference between a reckless driving charge and a vehicular homicide charge is not just semantic. Reckless driving is a misdemeanor. Vehicular homicide is a class 3 felony carrying four to twelve years in prison for a first offense with presumptive sentencing. Pushing the prosecution to prove the right mental state, or challenging whether recklessness can actually be established on the facts, is often where the defense does its most important work.
Questions People Are Asking About These Charges
Can vehicular assault charges be filed even if the other driver caused the accident?
Yes. Colorado prosecutors sometimes file charges even in crashes where fault is disputed or shared. If you were impaired at the time of the crash, the prosecution may argue that the impairment was a proximate cause of the injury regardless of who was technically at fault under traffic law. Challenging causation is a legitimate defense avenue in these cases.
Does a DUI conviction in the same case affect the vehicular assault or homicide charge?
The DUI and the vehicular assault or homicide are separate charges, but they are closely connected. A DUI conviction in the same proceeding can elevate the felony classification of the vehicular charge and affect sentencing. The DUI evidence is also used to establish the impairment element of the vehicular charge, so how the DUI defense is handled directly affects the rest of the case.
What does “serious bodily injury” mean under Colorado law?
Colorado defines serious bodily injury as injury involving substantial risk of death, permanent disfigurement, or protracted loss or impairment of a body part or organ. Broken bones, traumatic brain injuries, and spinal injuries often qualify. Whether a specific injury meets this threshold can sometimes be contested, particularly in cases where the initial injury appeared more severe than the long-term medical outcome.
Can a vehicular homicide conviction result in prison time even for someone with no prior criminal record?
Yes. A class 3 felony vehicular homicide conviction with a DUI allegation carries a presumptive range of four to twelve years in the Colorado Department of Corrections. Judges have some discretion, but the sentencing framework is serious. Extraordinary mitigation, acceptance of responsibility, and the quality of the defense presentation at sentencing all influence outcomes.
What happens to my driver’s license separately from the criminal case?
The Colorado DMV can take action against your license independent of the criminal court proceedings. If impairment is alleged, an express consent hearing may be triggered. Reid has handled numerous DMV express consent proceedings and understands that the license case and the criminal case, while related, require separate strategic attention.
Is it possible to have vehicular assault charges reduced or dismissed?
Yes. Reductions and dismissals happen for a range of reasons: insufficient evidence of impairment, contested causation, flawed reconstruction methodology, or constitutional issues with how evidence was gathered. Past outcomes at DeChant Law include DUI dismissals and not guilty verdicts at trial across multiple counties. Each case depends on its own facts.
Should I talk to police before hiring a lawyer?
No. In crashes under investigation for vehicular assault or homicide, anything said to law enforcement becomes part of the investigation. You have the right to decline to answer questions without counsel present. Statements made in the immediate aftermath of a serious crash are frequently used against the driver later, even when made without any intent to confess wrongdoing.
Facing Vehicular Assault or Homicide Charges in Boulder County
Felony vehicular charges move quickly. Evidence is gathered, witnesses are interviewed, and charging decisions are made in the weeks after a crash. Reid DeChant defends drivers facing vehicular assault and homicide cases in Lafayette, Boulder County, and surrounding communities throughout the Denver metro, bringing genuine trial experience and a track record of dismissed charges and not guilty verdicts. DeChant Law handles these cases with the seriousness they demand and with full transparency about what the evidence shows and what the defense strategy looks like. To talk through what happened and where the case stands, contact DeChant Law directly.