The Difference Between an Accident and Vehicular Assault in Fort Myers

If you accidentally harmed someone with your vehicle, you may face various charges. In this situation, you might be concerned about “vehicular assault” or similar offenses. When does a car accident “cross the line” and become a criminal offense? What if you accidentally struck a pedestrian, and they’re claiming you did it intentionally? In this situation, you might want to speak with an experienced criminal defense attorney in Fort Myers.

There Is No Such Thing as “Vehicular Assault” in Florida

First, it is important to understand that there is no such thing as “vehicular assault” or “assault by auto” in Florida. While other states might use these terms to describe crimes, Florida instead charges similar offenses under other statutes. These might include assault with a deadly weapon, reckless driving with injury, or DUI resulting in serious injury.

A Vehicle “Counts” as a Deadly Weapon in Florida

Secondly, you should know that a vehicle “counts” as a deadly weapon in Florida. If you use a vehicle to intentionally ram someone, you could therefore face charges of assault with a deadly weapon. This might apply to a wide range of vehicles, including ATVs, motorcycles, or even e-bikes under certain circumstances. The court has wide discretion when it comes to the definition of a deadly weapon.

How Do You Prove Your “Ramming Attack” Was an Accident?

If you have been accused of assault with a deadly weapon after hitting a pedestrian with your vehicle, it is crucial that you establish that the collision was completely accidental. Your lawyer may be able to help you accomplish this goal by gathering and presenting compelling evidence on your behalf.

Perhaps video surveillance shows the accident was accidental. Perhaps an analysis of your vehicle shows that your brakes stopped working at a crucial moment. Whatever the case may be, there are many ways to establish a “lack of intent” in this scenario.

Accidents Can Still Lead to Criminal Charges

Finally, you should know that even if you establish your crash was purely accidental, you could still face criminal charges under certain circumstances. The classic example is a DUI accident resulting in injury. Even if you never intended to hurt anyone, you might still face felony charges in Florida simply because you were intoxicated behind the wheel.

If you were not intoxicated, you could still face criminal charges if you were driving recklessly before the incident. Normally, reckless driving is a misdemeanor in Florida. If you injure someone in the process, however, this offense could be upgraded to a felony.

Can a Violent Crime Defense Lawyer in Fort Myers Help Me? 

A violent crime defense lawyer in Fort Myers may be able to help if you’re searching for answers after a car accident. If your crash was genuinely accidental, you shouldn’t face criminal charges. In order to avoid criminal consequences, you might need to get started on a defense strategy sooner rather than later. Continue this conversation with The Foley & Wilson Law Firm today.

Source: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.192.html