When Is Careless or Reckless Driving Charged as a Felony Offense?

Have you been accused of careless or reckless driving in Colorado? In general charges that arise out of careless or reckless driving can still be serious but are often misdemeanor offenses. However, behaving recklessly behind the wheel can often have much more serious consequences — including the serious injury or death of another person. While careless or reckless driving on their own are not typically felonies, as soon as someone is injured, then you can face much more serious felony charges. Our Denver vehicular assault and vehicular homicide defense attorneys can provide you with more information.

When Nobody is Injured, Careless and Reckless Driving Are Typically Misdemeanor Charges

Under Colorado law, a charge of careless driving is the least serious of the types of offenses we have mentioned. This is typically charged as a class 2 misdemeanor when a person drives a vehicle, a bicycle, or a motorized device in a manner that shows a lack of “due regard” for the surroundings. Reckless driving is a more serious misdemeanor that is often charged when a driver shows a wanton or willful disregard for the safety of other people — that is, making a choice to behave dangerously behind the wheel.

When reckless driving leads to an injury, you will likely be facing felony charges.

When Someone is Injured or Killed, Driving Carelessly or Reckless Will Be Charged as Vehicular Assault or Vehicular Homicide

Under Colorado law, a person commits vehicular assault when they drive a car in a reckless manner, and their driving is “the proximate cause of serious bodily injury to another.” This offense is often charged as a class 5 felony.

When someone is killed, the charges are much more serious and are typically vehicular homicide charges. Under Colorado law, when a person drives a vehicle in a reckless manner and their reckless driving “is the proximate cause of the death of another,” this is often a class 3 felony of vehicular homicide. To be clear, even if you did not intend to injure or kill another person, you can face felony charges for vehicular assault or vehicular homicide if you drove recklessly and your reckless driving resulted in someone else’s injury or death.

Contact Our Denver Vehicular Assault and Vehicular Homicide Defense Lawyers for Help Defending Against the Felony Charges You Are Facing

If you are facing felony charges in Colorado related to careless or reckless driving that resulted in the serious injury or death of another person, it is essential to have a defense lawyer on your side. As we discussed above, vehicular assault, the less serious of the two felony offenses noted, is typically a class 5 felony, while vehicular homicide is charged as a class 3 felony. Both types of felonies involve serious sentences and penalties upon conviction, including prison time. An experienced Denver vehicular assault and vehicular homicide defense attorney at DeChant Law can begin working with you today on a defense strategy that is tailored to the specific facts of your case in order to avoid a felony conviction. Contact our firm to learn more about our criminal defense services.

Sources:

codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-3-205/

codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-3-106/