Assault with motor vehicle is considered a crime in the state of Connecticut. If you have been charged with assault with motor vehicle, you likely don’t know where to begin in defending yourself. In order to properly defend yourself against this charge, you need to know what you are up against. Understanding the definition of this charge can help in your defense. You can learn more on this page.
Assault With Motor Vehicle Definition
A person is guilty of assault with motor vehicle in the state of Connecticut when such person acts:
- With criminal negligence.
- In the operation of a motor vehicle.
- Such person causes the harm or death of another person.
Essentially, a person has to be operating a motor vehicle under Connecticut statute definitions of “operation”, they need to act with criminal negligence, and they have to hurt another person as a result. If these elements of the definition are true, a person can be convicted for assault with a motor vehicle. If one or more of these elements are not true, that person likely has a solid defense against an assault with motor vehicle charge.
You should review the specifics of your situation to determine if you did or did not commit the elements in this definition. While you might think you know what “operation” or “negligence” mean, you probably don’t know the true legal definition in Connecticut. Reviewing this information on your own is a difficult task, due to legal jargon. The laws were not written so that people could easily understand them. As a result, you should consider contacting a criminal defense attorney. Such a lawyer can review your case and help you establish a defense.
Penalties and More
Misconduct with motor vehicle carries a potential penalty in the state of Connecticut of up to five years in prison. Obviously, this is something that you will want to avoid if you have been charged with this crime.
Things of Note:
- A person acts with criminal negligence with respect to a result or circumstance when they fail to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. This is a greater degree of evidence than the civil standard of negligence. 53a-57(a).
- Misconduct with a motor vehicle is not a lesser-included crime of manslaughter in the second degree. 11 Conn. App. 473.
- Consumption of any alcohol, whether to the point of influence or intoxication, is not required to prove a violation of misconduct with a motor vehicle. 29 Conn. App. 825.
- Intoxication alone does not prove criminal negligence under the misconduct with a motor vehicle statute. 29 Conn. App. 825.
Please feel free to contact our office with additional questions about assault with motor vehicle. We can review your situation with you during a free consultation. Contact us at 203-925-9200 for more information.