Vehicular Homicide & Assault in WA State
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Washington State Vehicular Homicide and Vehicular Assault Charges
If you, or someone you know, is facing a Washington state vehicular homicide or vehicular assault charges, the government must prove the elements of that offense beyond a reasonable doubt. These elements are laid out under the Washington State criminal statutes.
Washington state vehicular assault and homicide penalties are all felonies and require mandatory jail or prison time. These charges are very complicated in that they can be alleged to have occurred in different ways, from driving while under the influence of intoxicants to driving recklessly to driving in disregard for the safety of others.
There are defenses to these offense, but are best discussed in person because they are case specific. If you have any questions about the elements of the Washington state vehicular assault or vehicular homicide, please feel free to contact us for a free consultation.
Below are the Revised Code of Washington statutes (what the Washington state government most prove beyond a reasonable doubt to convict you of this crime and what we will defend you against):
RCW 46.61.520 Vehicular homicide — Penalty
(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or
(b) In a reckless manner; or
(c) With disregard for the safety of others.
(2) Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055.
RCW 46.61.522Vehicular assault — Penalty
(1) A person is guilty of vehicular assault if he or she operates or drives any vehicle:
(a) In a reckless manner and causes substantial bodily harm to another; or
(b) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502, and causes substantial bodily harm to another; or
(c) With disregard for the safety of others and causes substantial bodily harm to another.
(2) Vehicular assault is a class B felony punishable under chapter 9A.20 RCW.
(3) As used in this section, "substantial bodily harm" has the same meaning as in RCW 9A.04.110.
RCW 46.61.524Vehicular homicide, assault — Revocation of driving privilege — Eligibility for reinstatement
As provided for under RCW 46.20.285, the department shall revoke the license, permit to drive, or a nonresident privilege of a person convicted of vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522. The department shall determine the eligibility of a person convicted of vehicular homicide under RCW 46.61.520(1)(a) or vehicular assault under RCW 46.61.522(1)(b) to receive a license based upon the report provided by the designated alcoholism treatment facility or probation department designated pursuant to RCW 9.94A.703(4)(b), and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified.