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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87744
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What is the 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 of the visitation spot with the children in the car. I am supposed to talk to the detective tomorrow for filing charges and I want to know what I am talking about. I have definitive proof on video.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend,

Thank you for requesting me. However, I have to step away due to a family issue, so I will opt out and open this up to another expert in the interest of you receiving a quick answer...

My apologies.
Customer: replied 1 year ago.

no, please. I want to stick with you. I can wait until tomorrow for an answer. please..

Expert:  Ely replied 1 year ago.

Friend - I am touched. Of course. please allow me to take care of some matters - I will reply as always of course. Thank you again...

Expert:  Ely replied 1 year ago.

Due to the constraint, I may not be able to answer until tomorrow morning (early). Would this be okay? I simply do not want to "rush" the answer, but am "dashing" back and forth at the moment...

Customer: replied 1 year ago.
Yes, that will be fine. Found out that the police filed it as a disturbance not as something actionable. I am working to get that resolved.
Expert:  Ely replied 1 year ago.
Hello,

My apologies for the wait!

Yes, that will be fine. Found out that the police filed it as a disturbance not as something actionable. I am working to get that resolved.

Okay. But, just in case:

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 1 year ago.

https://www.youtube.com/watch?v=9lHvI3Qf4_M


 


The detectives havent seen this yet, do you think this rises to any of the definitions?

Expert:  Ely replied 1 year ago.

Hello! Well, it may depend on the facts. Whatever I think does not really matter so, it depends on what the DA believes and what they fell they can charge him with. Ultimately, it depends on what the jury would agree upon. So the DA charges based on 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. But it is not up to me. In the end, it is up the DA and the jury to ultimately guess what his INTENT was... But he definitely can be charged here...

Customer: replied 1 year ago.
Thank you. I was wondering, why does this have to be handled by the family violence unit and not the regular detectives.
and just a fyi: Wise council is always worth waiting for.
Expert:  Ely replied 1 year ago.

Friend, You are very kind with your words, sir.

 

The way it works is that several units may investigate the matter for D.A.'s office - it may be the vice unit, the family violence unit, the drugs unit, etc. It all depends on the circumstances. And each unit has their own "detectives" - there is no such thing as a "regular" detective, to 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: 87744
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other Criminal Law Specialists are ready to help you

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