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Ely
Ely, Counselor at Law
Category: Criminal Law
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Legal definition of "Attempted Vehicular Assault"

Resolved Question:

What is the legal definition of "Attempted Vehicular Assault" versus "Attempted Vehicular Homicide"?
Background: My estranged wife's boyfriend attempted to run me over in the parking lot with the children in the car. I am supposed to talk to the detective tomorrow to file charges and I want to know what I am talking about.  I found out that the police found it to be a disturbance and not something actionable. I have definitive proof on video.

Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years ago.

What is the legal definition of "Attempted Vehicular Assault" versus "Attempted Vehicular Homicide"?

There is no such thing. This may fall under: AGGRAVATED ASSAULT or ATTEMPTED MURDER.

Aggravated Assault
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

(a) A person commits an
offense if the person commits assault as defined in § 22.01 and
the person:
(1) causes serious bodily injury to another, including
the person's spouse; or
(2) uses or exhibits a deadly weapon during the
commission of the assault.

A car may be deemed a deadly weapon.

Attempted Murder
This is if the individual actually intended to kill the person.

The difference is the intent of the defendant. If it can be proven that they tried to kill you, then it is attempted murder. If not, then it may still be (aggravated) assault.

Customer: replied 2 years ago.

Here is the video that I have as proof:

XXXXXXXXXXX

The detectives haven’t seen this yet, do you think this rises to any of the definitions?

Expert:  Ely replied 2 years ago.

Hello! Well, it may depend on the facts. It depends on what the DA believes and what they feel they can charge him with. Ultimately, it depends on what the jury would agree upon. So the DA charges are based on the facts, the load of his other cases, and what he thinks this should be and what 12 jurors would agree on. I think he can fall under either. In the end, it is up the DA and the jury to ultimately guess what his INTENT was, however he definitely could be charged here.

Customer: replied 2 years ago.

Thank you. I was wondering; why does this have to be handled by the family violence unit, and not the regular detectives?

Expert:  Ely replied 2 years ago.

The way it works is that several units may investigate the matter for the D.A.'s office - it may be the vice unit, the family violence unit, the drug unit, etc. It all depends on the circumstances. Each unit has their own "detectives" - there is no such thing as a "regular" detective, so to speak; they are almost always attached to a unit.

In the end, they all report to the D.A. who makes the decision about charging. Since this is family based (i.e. stemming out of family relations), it is sent to family violence by default - this is not unusual.

Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 90606
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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