Vehicular Assault Attorney

Serving Wyoming & South Dakota

Vehicular assault charges are among the most serious driving-related offenses prosecuted in Wyoming and South Dakota. If you or a loved one has been accused of causing injury with a vehicle, you may be facing severe penalties—including jail time, fines, license revocation, and a permanent felony record. These cases often involve complex evidence and heightened emotions, making it crucial to work with a skilled vehicular assault lawyer who understands how to build a strong defense from the outset.

At Just Criminal Law, we represent clients across Wyoming and South Dakota who have been accused of vehicular assault, DUI-related injury crashes, reckless driving incidents, and other motor-vehicle offenses involving serious harm. Our firm is committed to aggressively protecting your rights and ensuring your side of the story is heard.

Contact our team today at (307) 300-2240 to get started on your defense.

What is Considered Vehicular Assault?

Vehicular assault generally refers to causing bodily injury—or serious bodily injury—to another person through the unlawful or negligent operation of a motor vehicle. While the exact definitions vary between Wyoming and South Dakota, vehicular assault is commonly charged in situations involving:

• Driving under the influence (DUI)
• Reckless or aggressive driving
• Excessive speeding
• Failure to obey traffic signals
• Distracted driving, such as texting behind the wheel
• Operating a vehicle in a criminally negligent manner

Unlike simple traffic violations, vehicular assault typically requires prosecutors to prove both injury and fault. Injury can range from minor physical harm to life-altering trauma, and the severity of the injury often determines the level of the charge. In many cases, accident reconstruction, witness statements, medical reports, and toxicology results play a major role in building or challenging the state’s case.

Because every accident is unique, a charge does not automatically mean guilt. A dedicated Gillette vehicular assault lawyer can analyze the evidence, question the prosecution’s assumptions, and fight for reduced or dismissed charges.

Penalties for Vehicular Assault in Wyoming

Wyoming prosecutes vehicular assault under various statutes depending on the circumstances, often tying enhanced penalties to DUI or reckless conduct.

Potential penalties include:

• Jail or Prison Time: Vehicular assault can be charged as a misdemeanor or felony depending on the severity of the injuries and the alleged conduct of the driver. Felony convictions can lead to years in state prison.
• Heavy Fines: Courts may impose significant fines, especially if DUI, high BAC levels, or multiple victims are involved.
• License Suspension or Revocation: A conviction can result in long-term loss of driving privileges, potentially affecting your ability to work, care for your family, or maintain daily responsibilities.
• Probation & Court-Ordered Programs: Drivers may be required to complete alcohol education, substance abuse treatment, community service, or other rehabilitative courses.
• Restitution: Courts may require compensation for victims’ medical bills, lost wages, or property damage.
• Permanent Criminal Record: A felony vehicular assault conviction in Wyoming carries lifelong consequences, including difficulty obtaining employment, housing, and professional licenses.

Because Wyoming takes DUI-related injury offenses extremely seriously, it is essential to consult a defense attorney immediately if your case involves allegations of impairment.

Penalties for Vehicular Assault in South Dakota

South Dakota imposes strict penalties for vehicular assault, particularly when alcohol or drugs are alleged to be a contributing factor.

Potential consequences include:

• Felony Convictions: Vehicular assault in South Dakota is typically charged as a Class 3 felony, depending on the facts of the case. Convictions can carry significant prison sentences.
• Lengthy Prison Terms: A Class 3 felony in South Dakota can result in up to 15 years in prison, depending on injury severity and prior convictions.
• Mandatory Fines: Courts may impose fines up to $30,000 for felony vehicular assault convictions.
• Driver’s License Revocation: You may face a long-term suspension or revocation of your license, especially if DUI is involved.
• Restitution Obligations: The court can require financial compensation to the injured party or parties.
• Long-Term Criminal Record: A felony will remain on your record permanently unless legally sealed or pardoned—making it vital to fight the charges aggressively from day one.

Legal Defense to Vehicular Assault

Defending a vehicular assault charge requires a strategic, evidence-based approach. At Just Criminal Law, we thoroughly investigate each case to identify weaknesses in the prosecution’s claims.

Potential defenses may include:

• Challenging DUI Evidence: Breath tests, blood tests, and field sobriety tests are often flawed. We examine whether proper procedures were followed and whether test results are scientifically reliable.
• Disputing Fault or Negligence: Not all accidents are crimes. Weather conditions, road hazards, mechanical failures, or the actions of the alleged victim may have contributed to the crash.
• Accident Reconstruction: Our team may work with accident reconstruction experts to demonstrate that the cause of the crash is inconsistent with the state’s theory.
• Medical Evidence Review: Injury assessments are not always accurate. We may challenge claims regarding the severity or cause of injuries.
• Constitutional Violations: If law enforcement violated your rights—such as stopping your vehicle without probable cause—the evidence may be suppressed.
• Witness Credibility Issues: Eyewitness accounts are often inconsistent or incomplete, especially during chaotic accident scenes.

Our Gillette vehicular assault attorney can identify which defenses apply to your situation and pursue the best possible outcome.

FAQs About Vehicular Assault Charges in Wyoming and South Dakota

Is vehicular assault always a felony?

No. In Wyoming, some vehicular assault cases may be charged as misdemeanors depending on injury severity. In South Dakota, vehicular assault involving DUI or recklessness is typically a felony.

Can I go to prison if convicted?

Yes. Both states impose potential jail or prison sentences, especially for felony-level offenses.

What if the accident was not my fault?

Fault is a critical factor. If the prosecution cannot prove you caused the accident, charges may be reduced or dismissed.

What if the injuries were minor?

The severity of injuries can affect whether you face a misdemeanor or felony. However, even minor injuries can still lead to criminal prosecution.

Do I need a lawyer for a vehicular assault charge?

Absolutely. These cases involve high stakes, complex evidence, and significant penalties. Representation by a knowledgeable vehicular assault lawyer is essential.

Call (307) 300-2240 today to schedule your consultation with a vehicular assault attorney. Take the first step toward an effective local defense.