While many car accidents are just that, accidents, there is a few circumstances that may turn an accident into a criminal proceeding. Aggravated Assault by Vehicle is a very serious offense which has serious ramifications to the accused’s reputation, livelihood, and future.
When an individual causes serious bodily injury to another person while engaging a violation of any law of the Commonwealth of
Pennsylvania which applies to driving will be guilty of a Felony of the Third Degree.
The key distinction between an accident and a case becoming a criminal matter is if the violation occurred with recklessness or with gross negligence. That becomes a question in which our case law in Pennsylvania has provided guidance. Nonetheless, these are serious situations and an allegation of committing Aggravated Assault by Vehicle can have a devastating impact on the individual accused. An aggressive defense must be mounted immediately in order to quickly and completely preserve evidence, evaluate potential defenses, and consult with expert witnesses about whether there are valid defenses to the allegations.
If you or a loved one is facing prosecution for an allegedly violation of the Aggravated Assault by Vehicle statute, contact Mike DiCindio directly to discuss your case and begin planning your defense.
Title 75 § 3732.1. Aggravated assault by vehicle. (Pennsylvania)
(a) Offense.–Any person who recklessly or with gross negligence causes serious bodily injury to another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic, except section 3802 (relating to driving under influence of alcohol or controlled substance), is guilty of aggravated assault by vehicle, a felony of the third degree when the violation is the cause of the injury.
(1) In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) may be sentenced to an additional term not to exceed two years’ confinement if at trial the prosecution proves beyond a reasonable doubt that the offense occurred in an active work zone.
(2) In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) as the result of a violation of section 3325 (relating to duty of driver on approach of emergency vehicle) or 3327 (relating to duty of driver in emergency response areas) and who is convicted of violating section 3325 or 3327 may be sentenced to an additional term not to exceed two years’ confinement when the violation resulted in serious bodily injury.
(3) The prosecution must indicate intent to proceed under this section in the indictment or information which commences the prosecution.
(4) The Pennsylvania Commission on Sentencing, under 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for an offense under this section when the violation occurred in an active work zone or was the result of a violation of section 3325 or 3327.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.
Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale