Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

Legal definition of "Attempted Vehicular Assault"

What is the legal definition...

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.

Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 11 hours by:
2/1/2013
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

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.

Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

Here is the video that I have as proof:

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

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

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.

Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

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

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
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
102,923 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,923 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I have a job offer and I just graduated witha Master's
I have a job offer and I just graduated witha Master's degree in counseling and psychology, the job is as a Master's level counselor and requires a Level 2 background check, the incident occured Aug 2… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If my record was sealed for grand theft 3rd degree will it
if my record was sealed for grand theft 3rd degree will it show up in a level 2 background check? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I am worried of being prosecuted for purchasing firearms
I am worried of being prosecuted for purchasing firearms when I didn't know I had a felony, I am in the process of restoring my rights, but I am still extremely afraid of this.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
In 1984 I had a shoptlifting misdeamenor case expunged and I
in 1984 I had a shoptlifting misdeamenor case expunged and I have since passed level 1 background screenings but what about a level 2 screening that I am up against now … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
A friend of mine is a convicted felon. His felony charge was
a friend of mine is a convicted felon. His felony charge was 27 years ago. We live in Georgia. He has been going thru a bad divorce and his wife called the police to report that he was a convicted fel… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I just got word that an arrest warrant has been opened on
hello, I just got word that an arrest warrant has been opened on the grounds of violating probation in Florida. I currently live in new york. what will be the wise thing to do? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My daughter has a felony in Tennessee. She wants to go into
My daughter has a felony in Tennessee. She wants to go into speech pathology. Can she petition the board to get a right to get a license. The felony was for a violent crime. Vehicular homicide. … read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
I need help and don't know who to trust in Effingham because
I need help and don't know who to trust in Effingham because of the corruption and injustice at the Sheriff's department. My friends son is mentally challenged and is in jail … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I would like to ask you about a hit and run misdemeanor?
Hey My name is***** and I would like to ask you about a hit and run misdemeanor? … read more
Colleen Grady
Colleen Grady
Assistant Principal
Juris Doctor
52 satisfied customers
What are the legislative intents for the Massachusetts
What are the legislative intents for the Massachusetts failure to stop for law enforcement vehicle and the failure to stop for law enforcement vehicle causing death offense… read more
Lucy
Lucy
Juris Doctor
129 satisfied customers
My husband was killed on s motorcycle when a car crossed
My husband was killed on his motorcycle when a car crossed over the double line. Here is a quote from the attorney that I hired to represent me. "My estimates are about 122K to 124K for Misty (depends… read more
Lucy
Lucy
Juris Doctor
129 satisfied customers
My brother was in an accident that was not his fault. The passenger
My brother was in an accident that was not his fault. The passenger in the other car was ejected and was deceased on the scene. The car that hit my brother was rebuilt twice and broke in half from imp… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
a family member has been arrested for DWI and his passenger
a family member has been arrested for DWI and his passenger died at the scene. what can we expect to happen next?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was involved in an fatal accident that occured in Wash. D.C.
I was involved in an fatal accident that occured in Wash. D.C. I live in PG County MD. I was asked by Dets. to come and give a statement. I gave a statement at the scene. Det. informed me that I didn'… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
So I have to ask, in the wake of the news concerning Trayvon
So I have to ask, in the wake of the news concerning Trayvon Martin, and George Zimmerman facing charges of second degree murder in Florida. I was curious the differences between Second degree murder,… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
My son who is 20, has had his license suspended now for nearly
My son who is 20, has had his license suspended now for nearly 3 years. The municipal court will not "release" it until all court fines paid for OTHER, UNRELATED judgement (phone "harassing" with HS g… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My license was suspended from a DUI. this is my first
my license was suspended from a DUI. this is my first offense and i was .091. i requested a hearing but was found guilty. i have an arraingment tomorrow and i was wondering if its possible for me to r… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
I have a misdemeanor for vehicular homicide, can I still apply
I have a misdemeanor for vehicular homicide, can I still apply and receive a pistol permit in PA?… read more
Nate
Nate
Lawyer
Juris Doctor
1,736 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x