Vehicular Crimes

Traffic offenses can be much more serious than speeding tickets. A motor vehicle is a large, heavy object that travels at a fast speed. Sometimes, its operator might make a mistake with significant consequences. One of those potential consequences could land the driver in jail. If you are accused of any type of vehicular crime, an experienced Tempe serious traffic offense attorney will be able to fight to protect your rights while attempting a case reduction or dismissal.

If you have been charged with a serious traffic-related offense in the East Valley area, including Tempe, Mesa, Gilbert, Chandler, Scottsdale, or Phoenix, The Law Office of James E. Novak wants to help you. Attorney James Novak is experienced with vehicular crimes of all types through his regular clients and extensive work with DUI clients. He will make sure you receive a fair trial and fight for a more favorable outcome with a customized defense solution. For your free consultation on what The Law Office of James E. Novak can do for you, call (480) 413-1499 to schedule your free initial case consultation today.

A vehicular crime, under Arizona law, could be either a felony or misdemeanor, depending on the specific circumstances in the accusation. Arizona vehicular crime law is treated the same as the associated crime without a vehicle. If you are accused of an offense like aggravated assault or homicide with your vehicle, you will be charged the same as someone who committed these offenses without a vehicle.

Some common serious charges that may be associated with driving a vehicle include:

• Endangerment
  • Defined in ARS § 13-1201
  • When a person recklessly endangers another person with substantial risk of imminent physical injury or death
  • Class 1 misdemeanor for endangerment of injury
  • Class 6 felony for endangerment of death
• Unlawful Flight
  • Defined in ARS § 28-622.01
  • When person driving a motor vehicle willfully attempts to elude or flee an appropriately-marked law enforcement vehicle that is pursuing him or her
  • Class 5 felony
• Negligent Homicide
  • Defined in ARS § 13-1102
  • When a person unintentionally causes the death of another person or unborn child through acts of criminal negligence
  • Criminal negligence is when the person causing the accident acts unreasonably by failing to perceive substantial and unjustifiable risk
  • Class 4 felony
• Aggravated Assault
  • Defined in ARS § 13-1204
  • When a person recklessly or intentionally causes injury to another with a vehicle or other deadly weapon or instrument
  • Class 3 felony
  • Class 2 felony if committed against an on-duty peace officer
  • Class 2 felony if committed against a victim under 15 years of age
  • May be classified as a dangerous offense, where probation is not allowed and mandatory minimum prison sentences apply
• Leaving the Scene of an Accident
  • Defined in ARS § 28-661
  • Also known as hit-and-run
  • When a person leaves the scene of an accident with no injury without providing his or her name and vehicle registration number as well as exhibiting his or her driver's license on request
  • When a person knowingly leaves the scene of an accident involving injury or death without providing the proper information as well as any reasonable assistance to the injured
  • Class 5 felony with no injury
  • Class 3 felony when accident involves injury or death
  • Class 2 felony if you caused the accident and failed to stop

In addition to probation or jail time, with a felony charge, you may also face the loss of certain educational and career opportunities, as well as certain rights like the right to vote and the right to own a gun. If your vehicular crime case is classified as a dangerous offense, probation will not be allowed and mandatory minimum prison sentences will be instated. An experienced Tempe traffic defense attorney may be able to help you mitigate or avoid the following circumstances:

Class 1 Misdemeanor

• Endangerment of injury with a vehicle
• 6 months of jail time
• $2500 fine

Class 6 Felony

• Endangerment of death with a vehicle
• 6 to 18 months in jail
• No less than $750 fine

Class 5 Felony

• Unlawful flight
• Leaving the scene of an accident where no injury occurred
• 9 months to 2 years of prison
• No less than $750 fine

Class 4 Felony

• Negligent homicide with a vehicle
• 18 months to 3 years of prison time
• No less than $750 fine

Class 3 Felony

• Aggravated assault with a vehicle
• Leaving the scene of an accident where serious injury or death occurred
• 2 ½ to 7 years of jail time
• No less than $750 fine

Class 2 Felony

• Aggravated assault with a vehicle against an on-duty peace officer
• Aggravated assault with a vehicle against a victim under 15 years old
• Leaving the scene of an accident you caused
• 4-10 years of prison time
• No less than $750 fine

In Arizona, serious traffic offenses and vehicular crime are treated punitively by the government. Therefore, if you face a charge of vehicular crime such as unlawful flight or leaving the scene of an accident in Scottsdale, Chandler, Gilbert, Mesa, Tempe, or any of the surrounding areas, contact The Law Office of James Novak to begin building your defense immediately. Your first consultation is free, so call (480) 413-1499 to schedule yours today.