Frisco Vehicular Assault Lawyers
Are You in Need of a Vehicular Assault Defense Attorney in Frisco, CO?
When you're facing vehicular assault charges in Frisco, CO, it can feel like there's no way forward. But here at Whitaker & Penix, LLC, we're ready to sit down with you, hear your story, and help figure out your next steps together. Our experienced vehicular assault lawyers understand the unique challenges of navigating vehicular assault charges and are ready to help.
Why Choose Us Over Other Frisco, CO, Vehicular Assault Defense Lawyers?
- Over 10 years of experience in the DA's office
- Deep roots in the Frisco community
- Years of experience handling cases in Breckenridge, Frisco, and surrounding areas
- Available 24/7
- Kylie Whitaker was selected as a Rising Star by Super Lawyers based on peer recognition, professional achievement, and other factors
- Our firm has earned an A+ rating from the Better Business Bureau
Whitaker & Penix, LLC: Frisco, Colorado, Vehicular Assault Defense Law Firm
As former prosecutors, our Frisco, CO, vehicular assault lawyers know every move the DA's office will make because we used to make those same moves ourselves.
When you work with our law firm, you can expect not to get lost in the shuffle of a big firm where you're just another case number. Unlike big city firms, our Frisco criminal attorneys at Whitaker & Penix, LLC, personally handle every case—because your future deserves nothing less. We're also available 24/7, and you get our personal cell phones because we actually answer our own calls (yes, even at 3 AM).
Don't Wait Another Minute Wondering What to Do Next—Call (970) 368-0602 for a Free Consultation with Whitaker & Penix, LLC
What To Do After a Vehicular Assault Arrest
We understand that being arrested is terrifying. There are several things you need to know right now while you're wondering what happens next.
Exercise Your Right to Remain Silent: Don't Speak Without a Lawyer Present
Do not talk to anyone about what happened—not the police, not your cellmate, not even your family. Call our Frisco, CO, vehicular assault law firm, and we can take it from there.
Avoid Talking About Your Case in Jail
We know jail is lonely, and you probably want to talk to someone about what happened. But phone calls are recorded, and that sympathetic cellmate might be fishing for information to help their own case. Even what you tell your family during visits can end up in the DA's hands.
Keep Every Piece of Paper
Those release papers from jail? Court date notifications? Everything the police gave you? Put it all in a folder, even receipts from the jail commissary. Don't throw away anything until your lawyer has seen it. These details matter more than you'd think.
Contact Whitaker & Penix, LLC, for Help
You might be thinking that it's too late to contact a lawyer, but the reality is that you're facing serious charges while the DA's side is already pulling your records and building their case.
At Whitaker & Penix, LLC, we've handled hundreds of cases and understand every hour matters right now—not tomorrow, not after the weekend, but right now.
How Is Vehicular Assault Categorized in Colorado?
When you're facing charges in Colorado, you can't start working on your defense without understanding what you're up against. Thankfully, our vehicular assault lawyers understand exactly what evidence the DA needs and where their case might fall short. In Colorado, vehicular assault charges fall into two distinct categories with different sets of challenges and consequences.
Reckless Vehicular Assault
This Class 5 felony applies when prosecutors believe you caused serious injury to someone through reckless driving. But here's what's important to know—proving "reckless" behavior requires specific evidence that we know how to challenge.
DUI Vehicular Assault
As a Class 4 felony, this carries more severe penalties. The prosecution must prove you were under the influence of alcohol, drugs, or even prescription medication when the incident occurred. However, blood tests, breathalyzers, and field sobriety tests aren't always as foolproof as the DA would like you to believe.
What Are the Legal Penalties of a Vehicular Assault Conviction?
We've seen how these convictions can change lives overnight. While every case is different, Colorado takes vehicular assault seriously, and the consequences go far beyond just fines and jail time.
Legal Penalties
Class 4 felony (DUI vehicular assault):
- 2-6 years in state prison
- Up to $500,000 in fines
- Mandatory parole for three years
- Permanent felony record
- Driver's license revocation
Class 5 felony (reckless vehicular assault):
- 1-3 years in state prison
- Up to $100,000 in fines
- Mandatory parole for two years
- Permanent felony record
- Points on your driving record
Life Consequences
Most attorneys won't tell you that a vehicular assault conviction follows you long after you've served your time. Your career options become limited with a felony record. Housing applications ask about felony convictions. Traveling is probably off the table. You also can't keep your commercial driver's license or certain professional licenses.
The Legal Process for Frisco, CO, Vehicular Assault Cases
You might be thinking right now that you have no clue what's about to happen, but don't worry. Our vehicular assault lawyers have walked this path hundreds of times with good people just like you.
Investigation of Criminal Activity
First things first—the police are gathering everything they can about what happened. They're collecting photos from the scene, talking to witnesses, and inspecting the vehicles involved. If they think alcohol was involved, they're looking at those test results.
Determining Probable Cause
This is where the police decide if they have enough evidence to move forward. They're looking at everything they collected, such as if someone was driving recklessly or was impaired or how the road conditions affected the drive. Basically, they need to show there's a good reason to believe a vehicular assault happened.
Arrest
Maybe you've already been through this part—getting handcuffed, fingerprinted, that whole process. If not, it might happen through a warrant. Either way, this is when everything becomes real, and you'll officially hear what you're being charged with.
Arraignment
Think of this as your first real day in court. The judge reads out your charges, and you'll need to enter a plea. Don't stress about making any big decisions here. This is usually just the beginning, and we can help you understand your options before making any choices.
Bail
Here's where the judge decides if you can go home while we fight your case. They look at things like if you have family in Frisco, a job, or any past record. Sometimes, you can walk out on your word (that's called "personal recognizance"), and other times you'll need to post bond.
Preliminary Hearing
Now, the DA has to bring out their evidence and witnesses, trying to prove they have enough to take this to trial. But here's the good news—we get to challenge everything they present. Think of it as a preview of their case.
Trial
If we can't work out a deal that makes sense for you, this is the main event. The DA has to prove every single part of their case beyond a reasonable doubt. We'll be there challenging their evidence, questioning their witnesses, and telling your side of the story.
Sentencing
If things don't go our way at trial, the judge decides the consequences. They look at everything, such as your background, how serious the injuries were, and what led to all this. But there's usually room for negotiation even at this stage.
Outcome of Charges
This is where everything gets decided: maybe through a trial verdict or maybe through a deal we work out.
Appeals
If something wasn't handled right during your case (maybe evidence that shouldn't have been allowed or legal mistakes during trial), we can take it to a higher court. But we have to move fast since there are strict deadlines for appeals.
Do Not Wait Until an Arrest to Seek Legal Counsel
We've seen people hesitate to reach out to lawyers countless times. But the reality is that every hour matters. So while you're waiting, police are gathering evidence, witnesses' memories are being recorded, and your digital footprint is being examined. While you're still hoping this might go away, the prosecution is also already building their case. In fact, many of our best outcomes came from clients who called us at the first hint of trouble, not after arrest papers were already in hand.
Let's Talk About Your Case: Call (970) 368-0602 for a Free Consultation
Possible Defenses to Vehicular Assault Charges
Our vehicular assault lawyers understand that no two cases are the same. That's why we craft personalized defense strategies based on decades of courtroom experience, including our time as prosecutors.
The Car Accident Was Not Your Fault
Sometimes, accidents truly are accidents. Poor road maintenance, unexpected wildlife, or another driver's negligence could have caused the collision. We can investigate all the factors to show you weren't responsible.
You Did Not Drive (The "No Driving" Defense)
Were you actually behind the wheel? We've handled cases where our clients were misidentified as the driver, especially in chaotic accident scenes where people exit vehicles or in cases with multiple occupants.
You Were Not Driving Recklessly
"Reckless" driving requires proof of willful disregard for safety. Bad weather conditions, emergency situations, or reasonable reactions to unexpected road hazards don't constitute recklessness under Colorado law.
Lack of Evidence of Impairment
Field sobriety tests are subjective and often administered incorrectly, especially in our mountain environment, where thin air, uneven surfaces, and extreme weather can affect performance regardless of sobriety.
Inaccurate Breathalyzer Test Results
Breathalyzers require precise calibration and proper administration. We routinely challenge these results by examining maintenance records, operator certifications, and whether proper testing protocols were followed.
Medical Conditions or Medications
Certain medical conditions can mimic impairment or affect driving ability—from diabetes to neurological issues. Additionally, some prescription medications can cause side effects that police mistakenly attribute to intoxication.
How a Frisco, CO, Vehicular Assault Lawyer Can Help
You never expected to be in this position, facing charges that could change your life forever. But you don't have to face this alone. Our vehicular assault lawyers bring something unique to your case—we've literally stood in the prosecutor's shoes before switching sides. And now, our lawyers use that insider knowledge to anticipate every move the DA will make against you. Here's what we do.
Case Investigation and Evidence Collection
We immediately launch our own investigation, gathering crucial evidence before it disappears. This includes accident reconstruction, securing video footage, interviewing witnesses, and analyzing police procedures for potential violations of your rights.
Strategic Defense Planning
Using our experience as former prosecutors, we identify weaknesses in the DA's case and develop targeted strategies to exploit those vulnerabilities. Every case gets a customized defense plan based on specific facts and legal issues.
Negotiation with Prosecutors
Our established relationships with local DAs and judges give us credibility when negotiating plea deals. We often secure reduced charges, minimized penalties, or even case dismissals before ever stepping into a courtroom.
Expert Witness Coordination
We work with toxicologists, accident reconstructionists, medical professionals, and other experts who can provide testimony that challenges the prosecution's version of events and supports your defense.
Trial Preparation and Representation
If your case goes to trial, we meticulously prepare every detail—from witness questioning strategies to compelling visual evidence. Our courtroom experience means we're ready for anything the prosecution throws our way.
Some of Our Client Testimonials
"She Worked Hard for My Case" - Skyler Adcock (5-Star Google Review)
If you're in Summit County and you need legal representation . . . call Kylie! I felt that she worked hard for my case and took time to explain what she did, why she would do it, and what the best course of action is. She always responded promptly to my calls the day of—5 stars!
"I Wouldn't Trust Any Other Attorney to Handle My Case" - Adam Chingren (5-Star Google Review)
Mr. Penix is incredibly knowledgeable about all areas of his practice. I wouldn't trust any other attorney to handle my case.
Other Locations We Serve in Colorado
Call Our Frisco, CO, Vehicular Assault Attorneys Today
When your future is on the line, every minute counts. Call our law firm at (970) 368-0602 to schedule your free case evaluation with one of our experienced trial lawyers.
Frequently Asked Questions
When Should I Hire a Frisco, Colorado, Vehicular Assault Lawyer?
As soon as you're involved in an accident where someone is injured, or if you've been questioned by police about such an incident, it's time to call an attorney. The earlier a lawyer gets involved, the more they can do to protect you.
What Should I Ask When Hiring an Attorney?
Ask about their specific experience with vehicular assault cases in Colorado, including how many similar cases they have handled, what percentage of their practice is dedicated to criminal defense, if they've worked as prosecutors before, their familiarity with local judges and Das, and their approach to your specific situation and what potential outcomes they foresee.
How Can a Vehicular Assault Defense Lawyer Help Me?
Your attorney won't just show up at court—they immediately start countering the prosecution's moves before you even step foot in a courtroom. They'll track down witnesses, challenge blood test results, and look for camera footage that tells a different story.
Do I Need a Vehicular Assault Attorney if I Think I'm Guilty?
Some of our biggest victories have come from cases where clients initially thought they were guilty. This is because what seems clear-cut to you may actually be legally complex. Without a skilled lawyer, you're essentially agreeing to whatever punishment they choose.
Can I Go to Jail for Vehicular Assault in Colorado?
Yes, jail time is a very real possibility for vehicular assault convictions in Colorado. DUI vehicular assault (Class 4 felony) carries from two to six years in prison, while reckless vehicular assault (Class 5 felony) carries between one and three years. However, first-time offenders represented by skilled Frisco, CO vehicular assault attorneys may qualify for alternatives like probation, community corrections programs, or deferred sentencing.