Defeating Allegations of Philadelphia Vehicular Assault

Fighting Charges of Vehicular Assault in Philadelphia

Facing criminal charges is scary stuff. And in Philadelphia, allegations of vehicular assault under the Pennsylvania assault by vehicle statute (https://codes.findlaw.com/pa/title-75-pacsa-vehicles/pa-csa-sect-75-3732-1.html) carry even greater risks. Convictions can lead to years behind bars plus heavy fines and license suspension.

So what can you do if accused of this aggressive driving offense? Well, working with an experienced Philadelphia criminal defense lawyer is key. But it also helps to understand these allegations, potential defenses, and the powerful incentives to fight back. This article breaks it down.

Understanding Philadelphia Vehicular Assault Charges

Let’s start by looking at what exactly Philly prosecutors must prove to convict you of assault by vehicle. In a nutshell, they have to show you recklessly or with gross negligence caused serious bodily injury to another person while violating certain traffic laws.

The bodily injury part is straightforward. The victim must suffer things like broken bones, organ damage, disfigurement etc. The negligence is trickier. Recklessness means consciously disregarding risks. Gross negligence is more than mere carelessness or errors in judgement — it requires almost a willful choice to drive dangerously.

Prosecutors also have to prove you broke a specific traffic law like:

• Driving under the influence
• Racing
• Using a cell phone
• Running a red light or stop sign
• Driving on the wrong side of the road

The penalties if convicted depend on how severely the victim was injured. But even the lowest level gradation can mean 5+ years imprisonment. The higher injury grades boost minimum sentences to 3 or 7 years.

So with your freedom on the line, putting up a vigorous defense is vital. But where do you start?

Attacking the Credibility of the Allegations

The first step is scrutinizing the claims themselves. Were there any witnesses? What physical evidence links you to the scene? Police reports can help identify inconsistencies or contradictions.

Analyzing factors like weather, visibility, road conditions, and even the victim’s own negligence are crucial too. The goal is uncovering every detail to undermine the allegations. An adept Philadelphia vehicular assault attorney knows how to leverage these vulnerabilities through skilled cross-examination of the witnesses.

You’ll also want to assess if police followed all protocols during the investigation. Did they properly handle evidence from the scene? Were Miranda rights violated during questioning? Suppressing illegally obtained statements or evidence could cripple the D.A.’s case.

Fighting the Traffic Violations

Remember, prosecutors have to prove you broke a specific traffic law AND caused injury. So aggressively contesting the underlying violations themselves can defeat the assault charges too.

For example, let’s say you’re accused of running a red light and injuring a pedestrian. Well if your lawyer gets the traffic citation dismissed because witnesses contradicted the light was red — then assault by vehicle crumbles too without that predicate offense.

This two-front battle is complex yet essential. An experienced vehicular crimes attorney knows how to simultaneously attack these interdependent allegations. It takes strategic skill plus in-depth understanding of traffic codes and case law. But done right, outmaneuvering just one aspect can topple both.

Leveraging Accident Reconstruction Experts

Here’s another vital weapon for the defense — enlisting accident reconstruction specialists. These experts analyze factors like skid marks, damage patterns, even crash data recorder evidence. Their scientific measurements combined with software modeling can debunk exaggerated speed claims or prove your quick reactions avoided worse outcomes.

Reconstructing the collision this way highlights the physical impossibility of charges like racing or cell phone use. And it shifts blame back to others like the victim, third-parties, or road design. It’s costly yet powerful testimony that sows those all-important seeds of reasonable doubt.

Negotiating Reduced Charges or Diversions

Of course, defeating allegations outright is not guaranteed no matter how strong your defense. So exploring plea bargains or diversionary programs is wise too. The goal is avoiding felony convictions and jail time through alternatives like:

• Pleading to lesser misdemeanors
• ARD probation for first-time offenders
• Merging charges
• Restitution negotiations

An adept Philadelphia assault by vehicle lawyer knows every pressure point for getting charges lowered or diverted. But it requires artful leverage — convincing prosecutors your defense can embarrass them at trial. That motivation squeezes out better deals.

Don’t Go It Alone

As you can see, fighting back against vehicular assault allegations in Philadelphia requires multi-layered legal skills. From unraveling the facts to challenging technical violations — it’s a tangled web to maneuver. Having an experienced guide makes all the difference.

So if facing these aggressive charges, don’t go it alone. Consult a knowledgeable Philadelphia criminal defense attorney instead. Protecting your rights and future requires a proactive attack combining shrewd investigation, bulldog negotiation tactics, plus mastery of PA traffic codes and case precedents. It’s a full-court press best implemented by a legal pro. Your freedom deserves no less