Vehicular Assault We Represent Clients Statewide in Colorado

Vehicular Assault Attorney in Denver

Former Prosecutor. Hundreds of Jury Trials. Criminal Defense Since 1995.

A vehicular assault charge is a felony, and the decisions you make early in the process matter. Law Offices of M. Colin Bresee defends people facing these charges in Denver and the surrounding area. Attorney Colin Bresee has handled thousands of cases and hundreds of jury trials over more than 30 years in criminal law, and he concentrates his practice entirely on criminal defense.

Colin Bresee began his legal career as a prosecutor. That background means he understands how the state builds these cases, what evidence prosecutors rely on, and where that evidence can be challenged. He’s been practicing criminal law since 1995.

If you’ve been charged with vehicular assault in Denver, contact our firm at (303) 747-4032 to discuss your situation and your options.

What Colorado Law Means by Vehicular Assault

Under C.R.S. § 18-3-205, a person commits vehicular assault by operating a motor vehicle in one of two ways: recklessly, or while under the influence of or impaired by alcohol or drugs (DUI or DWAI). Either way, the conduct must be the proximate cause of serious bodily injury to another person.

Colorado treats this as a strict liability offense. The prosecution doesn’t need to prove you intended to injure anyone. Serious bodily injury includes injuries involving a substantial risk of death, protracted loss or impairment of a body function, permanent disfigurement, broken bones, and second- or third-degree burns.

Felony Penalties for Vehicular Assault in Denver

The penalty range depends on which theory the prosecution pursues:

Reckless driving causing serious bodily injury: Class 5 felony, carrying 1 to 3 years in prison, a fine of $1,000 to $100,000, and 2 years of mandatory parole.
DUI or DWAI causing serious bodily injury: Class 4 felony, carrying 2 to 6 years in prison, a fine of $2,000 to $500,000, and 3 years of mandatory parole.

A conviction stays on your record permanently, with employment, housing, and licensing consequences that outlast any prison sentence.

How We Approach Vehicular Assault Defense

These cases involve factual and legal issues that require careful analysis before any strategy takes shape. We build tailored defenses through intensive investigation of the specific circumstances of each charge. Because Mr. Bresee spent years as a prosecutor, he knows how these cases are assembled and where the weak points tend to be.

Defense angles we examine include:

Recklessness vs. negligence: Recklessness requires proof of a conscious disregard of a substantial and unjustifiable risk. Negligent driving doesn’t meet that threshold, and the distinction matters.
Proximate cause: The prosecution must prove your conduct directly caused the serious bodily injury. Intervening factors can break that chain.
BAC and toxicology testing: Breathalyzer calibration, blood draw procedures, chain of custody, and laboratory protocols are all subject to challenge if proper procedures weren’t followed.
Constitutional rights: Whether you were properly advised of your rights before testing can affect whether that evidence is admissible at all.

The Denver Felony Court Process

Vehicular assault charges in Denver begin with an initial advisement in Denver County Court, then move to Denver District Court, where felony matters are tried and resolved. That progression includes advisement, preliminary hearings, motions, and, if necessary, trial.

Colin Bresee has taken hundreds of cases to jury trial over his career. That record matters not just if your case goes to trial, but at the negotiation stage as well. Prosecutors respond differently when they know they’re dealing with an attorney who’s genuinely prepared to try the case.

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What Sets Us Apart?

Former Prosecutor
Results-Driven, Trial-Ready Advocacy
24/7 Availability & Direct Access
Free, Confidential Consultations
30+ Years of Experience

Attorney Colin Bresee: Background & Service Area

Mr. Bresee earned a Distinguished peer-review rating from Martindale-Hubbell in 2026, reflecting assessment of his knowledge, capability, judgment, communication, and experience by members of the legal community. He became a criminal defense attorney after serving as a prosecutor because he believed people accused of crimes should receive fair treatment under the law.

We represent clients charged with vehicular assault in Denver and the surrounding communities, including Aurora, Centennial, and Littleton.

Talk to a Vehicular Assault Lawyer in Denver

A felony charge moves quickly through the courts. The sooner you have a defense attorney reviewing the evidence, the more options may be available. Contact Law Offices of M. Colin Bresee at (303) 747-4032 or use the contact form on this site to schedule a consultation about your case.

Vehicular Assault vs. Related Colorado Charges

Injury severity is what separates vehicular assault from lesser driving offenses. Reckless driving and careless driving charges don’t require proof of serious bodily injury. When a collision causes only minor injuries, prosecutors typically don’t have the evidence needed to support a vehicular assault charge.

At the other end of the spectrum, if the injured person later dies, Colorado prosecutors may charge vehicular homicide rather than vehicular assault. Vehicular homicide carries more serious penalties and different sentencing considerations. Knowing exactly which charge you’re facing and what the prosecution must prove to sustain it is the starting point for any defense.

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At Law Offices of M. Colin Bresee, we're always ready to take your call! Give us a call at (303) 747-4032 or fill out the form below to contact our team.

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