Littleton Vehicular Assault and Homicide Defense Lawyer
A vehicle becomes a deadly weapon under Colorado law the moment a prosecutor decides to charge it that way. Littleton vehicular assault and homicide defense sits at the intersection of criminal law, accident reconstruction, toxicology, and medicine, and the outcomes of these cases carry consequences that touch every part of a person’s life. Reid DeChant has handled serious felony cases at both the public defender level and in private practice, and he brings the same tenacity to these charges that he brings to every case: starting with the actual story of what happened and working from there.
What Colorado Law Actually Charges in These Cases
Vehicular assault and vehicular homicide are distinct charges under Colorado statute, but they share a common architecture. The prosecution must establish that a driver caused either serious bodily injury or death, and they must tie that result to either DUI or reckless driving. Those two pathways, DUI-based and recklessness-based, carry different penalties and require different proof.
Vehicular assault under the DUI theory is a Class 4 felony. Vehicular assault under the recklessness theory is a Class 5 felony. Vehicular homicide under DUI is a Class 3 felony. Vehicular homicide under recklessness is a Class 4 felony. The sentencing ranges attached to these classifications are not trivial. A Class 3 felony in Colorado carries a presumptive range of four to twelve years in the Department of Corrections, and aggravating factors can push sentences beyond that range. Mandatory parole follows the prison term. There are also license consequences, fines, and restitution obligations that come with conviction.
For a charge to survive, the link between the driving conduct and the injury or death has to actually hold up under scrutiny. That connection is often where defense work matters most.
How These Cases Are Built and Where They Come Apart
Law enforcement agencies in the Littleton and South Metro area, including Arapahoe County, Jefferson County, and Douglas County jurisdictions, all have their own approaches to investigating serious traffic incidents. When an injury or fatality is involved, the investigation typically pulls in accident reconstruction specialists, blood draw results from hospitals, witness statements gathered at the scene, and sometimes surveillance footage from nearby businesses or traffic cameras along US-285, C-470, or the stretch of Santa Fe Drive through Littleton. The picture that comes out of that process is not always accurate.
Accident reconstruction is not an exact science. Analysts make assumptions about speed, braking, road conditions, and driver behavior. Those assumptions can be challenged with independent experts who review the same physical evidence and reach different conclusions. Blood alcohol results from hospital draws are subject to chain of custody issues, timing questions (Colorado’s express consent law requires testing within two hours of driving), and lab methodology challenges. Witnesses give statements under stress, sometimes hours after an event, and memory is not reliable in those conditions.
Causation is another real fault line. A prosecutor needs to show that the driver’s impairment or recklessness actually caused the crash that caused the injury or death. If another driver’s actions, a road hazard, a mechanical failure, or the injured person’s own conduct contributed, that goes directly to whether the charge can be sustained. These are not technicalities. They are the substance of whether the government can prove what it claims.
The DMV Process Runs Alongside the Criminal Case
A vehicular assault or homicide arrest in Colorado almost always triggers both a criminal case and a DMV proceeding. Colorado’s express consent law means that if a blood or breath test was administered, the DMV will move to revoke the driver’s license separately from any court action. The timelines for requesting a DMV hearing are short and easy to miss, and losing a license before the criminal case is even resolved can have real-world consequences for employment, family responsibilities, and daily life.
Reid has a documented record of success at DMV express consent hearings, including dismissals for improper advisements, for failing to administer chemical tests within the required window, and on other procedural grounds. The DMV process is not a formality. It is a proceeding with its own rules, its own burdens, and its own opportunities to challenge what law enforcement did.
Questions People Ask About These Charges
Can a vehicular homicide charge be reduced or dismissed?
Yes. Charges can be reduced or dismissed based on problems with evidence, gaps in causation, constitutional violations in how evidence was gathered, or results from independent expert analysis. Every case turns on its specific facts, and a thorough review of how the investigation was conducted matters enormously at the outset.
What is the difference between reckless driving as a theory versus DUI as a theory?
The DUI theory requires proof that the driver was actually impaired, typically through blood or breath evidence or officer observations. The recklessness theory requires proof that the driver consciously disregarded a substantial and unjustifiable risk, something more than ordinary negligence but not necessarily tied to substances. The penalty is lower under recklessness, but the evidentiary path is different, and which theory applies shapes the entire defense strategy.
Does it matter if the other driver was also at fault?
It can matter significantly. Colorado law does not require the defendant to be the only cause of an accident, but comparative fault in a criminal context can affect whether the prosecution can prove causation beyond a reasonable doubt. If another driver’s conduct was a superseding cause, that goes directly to the strength of the government’s case.
What happens with my driver’s license during the case?
The DMV will move independently of the criminal court to revoke driving privileges if a chemical test was administered. There are strict deadlines to request a hearing and contest that action. Losing that hearing means license revocation can take effect before any criminal resolution. This is not the same as the criminal case and requires separate attention.
Are vehicular assault and homicide cases tried in Jefferson County or Arapahoe County courts for Littleton?
Littleton sits at the junction of Jefferson and Arapahoe County, and depending on exactly where an incident occurred, the case may be filed in either courthouse. Jefferson County District Court is in Golden. Arapahoe County District Court is in Centennial. Both courts handle these felony-level cases, and familiarity with local prosecution practices and judicial tendencies in both counties matters.
Can I be charged even if I was not legally intoxicated?
Yes. The recklessness theory does not require impairment at all. Excessive speed, running a red light, distracted driving, or other aggressive driving behavior that causes serious injury or death can support a vehicular assault or homicide charge entirely independent of any substance involvement.
What should happen immediately after an arrest on one of these charges?
The priority is getting legal representation before making any statements to law enforcement or investigators. These cases involve follow-up questioning, insurance investigators, and sometimes civil counsel for injured parties who are all gathering information. Anything said in those conversations can be used in prosecution. Retaining counsel quickly also preserves the ability to address DMV deadlines and begin independent investigation while evidence is still fresh.
Serious Felony Cases Require a Lawyer Who Has Actually Tried Them
Hiring a Littleton vehicular homicide or assault defense attorney who has not tried serious felony cases is a significant risk. Reid DeChant built his foundation at the public defender level, where he handled homicides, sexual assaults, DUI cases, and serious felonies across Denver, Broomfield, and Adams County. That training at Trial Lawyers College and in actual courtrooms shaped the way he approaches evidence, prepares witnesses, and frames a client’s story for a jury. A result in front of a jury on a serious charge requires someone who has been in that room before and knows how to fight for a real outcome.
If you are facing a vehicular assault or homicide case in the Littleton area, Reid DeChant is ready to sit down with you, go through what actually happened, and give you an honest assessment of where things stand and what can be done.
DeChant Law handles Littleton vehicular assault and homicide defense across the South Metro Denver area, including cases filed in Jefferson County, Arapahoe County, and Douglas County courts. Contact DeChant Law to schedule a consultation and talk through your case directly with Reid.