Vehicular Assault Attorney Nashville, TN
What is Vehicular Assault?
Vehicular assault is a felony offense. According to TCA § 39-13-106, it occurs when a driver recklessly causes serious bodily injury to another person as a proximate result of the driver’s intoxication. This includes alcohol and/or drug intoxication. A person convicted of vehicular assault may face 2 to 12 years in prison and a fine of up to $5,000.
May McKinney represents drivers across Tennessee who have been arrested for and accused of vehicular assault, DUI, and all types of criminal traffic offenses. Our founding attorney, Rob McKinney, has practiced exclusively in criminal defense since 1994. While in law school, he worked as a law clerk for the Seventh Circuit Court in Nashville and witnessed numerous DUI and vehicular assault cases presented to the court. With over 80 years of combined legal experience, our attorneys are fully qualified to defend clients against felony vehicular assault charges.
For helpful insight regarding DUI with injury charges, call our Nashville vehicular assault attorneys at (615) 265-6383.
Aggravated Vehicular Assault: TCA § 39-13-115
In certain circumstances, a driver who is accused of causing an injury accident while intoxicated may face aggravated vehicular assault charges. These are explained in TCA § 39-13-115. Aggravated vehicular assault is a Class C felony, punishable by 3 to 15 years in prison and a $5,000 to $15,000 fine.
Aggravated vehicular assault occurs when a driver recklessly causes serious injury to another person as a result of his or her intoxication, and:
- The driver has two or more prior DUI convictions or violations of the habitual motor vehicle offender law;
- The driver has one or more prior convictions for vehicular assault, vehicular homicide, or aggravated vehicular homicide; or
- The driver had a blood alcohol content (BAC) of .20% or more at the time of the offense and has one prior conviction for DUI or violation of the habitual motor vehicle offender law.
Preparing a Defense in Vehicular Assault Cases in Tennessee
In any vehicular assault case, the prosecutor must prove that alcohol was the proximate cause of the accident and the injury. Just because you were involved in an accident while under the influence of alcohol or drugs is not enough to support a conviction of vehicular assault.
With an inside perspective on the Tennessee court system, our Nashville vehicular assault lawyers know how to effectively investigate each case to make sure no holes exist in the evidence. We also partner with investigators to determine the root cause of vehicle accidents.
If you have been charged with vehicular assault or any drunk driving offense, we can review the facts to see whether your alcohol consumption caused the accident. Contact us today at (615) 265-6383!
Our Clients Say It Best
Read Our Client Testimonials
At May McKinney, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Mr. McKinney is listed with Super Layers for a reason!"In the darkest and most ashamed moment of my life, Mr. McKinney with all of his kindness, encouragement, and unsurpassed knowledge for the Tennessee law was by my side. I am nearly 60 years old and never had a conflict in my life, let alone one that involved an uncontrollable emotional reaction, that resulted in a physical altercation. Yet under the influence of prescribed drugs for insomnia, anxiety management, and alcohol, I made a grave mistake which resulted in Class C Aggravated Assault Felony Charge. To complicate matters, I am not a resident of Tennessee. It goes without saying that Mr. McKinney has earned the utmost respect as a top tier lawyer from the Tennessee court system. He was able to professionally articulate my case to the court, emphasizing that I risk losing employment, showed that I voluntarily turned myself in, and that I was a first-time offender. The court listened to him and as a result he was able to negotiate terms that far exceeded my expectations. I spent a lot of time between my arrest and court appearance researching the standard outcomes for an aggravated assault charge in the State of Tennessee, and based on what I read, I expected the worst judgement to be passed down. Mr. McKinney however worked with the court system to not impose jailtime and an opportunity to have the charges expunged from my record. I know that I will forever be ashamed and grieve over the event, but he was able to provide me with the opportunity to work the rest of my life making this right to the victim, my family, and others that were emotionally impacted. Mr. McKinney is worth his weight in gold. He knows the law. He is respected. He is highly skilled as a lawyer. He is the very best. I only wish I met and got to know of him under better circumstances.- SB
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"Best criminal lawyer in Nashville."I have met with Mr. McKinney during a very difficult time. I was welcomed with open arms. Aside from being the best lawyer, he is a very caring person. He accomplished the impossible in my case. He worked relentlessly and brought my charges down from a serious felony to a misdemeanor. Which is unheard of from what I understand. I would have faced deportation but with his expertise and commitment to my case now I can become a citizen. Rob McKinney and his team gave me a second chance in life! For that I am forever grateful.- Pinar James
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"Complete Confidence"Little words cannot express the gratitude we have for you! From the very first day we walked into your office, we had complete confidence in you and your staff.- Jack & Jessi
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""Best Lawyer In the world will not quit .""Best lawyer have known will not quit will fight all the way!- Marvin Johnson
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"Forever Grateful"Thank you for helping me to not only resolve a recent legal matter, but also pointing me in the direction of freedom from a past criminal record. I am clean and free, and I have a clear record for the first time in 12 years.- Rachel
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"So grateful"Can't say enough good things about Rob and his team. I have used him on 2 or 3 occasions in different areas of law, He provided us with a caring , comforting atmosphere and explained all aspects of the steps necessary to achieve our desired outcome. Will highly recommend Mr. McKinney in whatever aspect of what the problem is . You will not regret it.- Donna Pearson
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""Do yourself a favor, make Rob your flavor.""I was visiting friends in Nashville and sightseeing around the Titan stadium when about 8 officers drew their weapons on me from a good 100+ feet away, demanding that I freeze and put my hands in the air. My first response was to pull out my knife while i tried to gain focus on who and why this was happening. Is this a joke? Am i being robbed possibly? That was the thoughts racing through my mind. Apparently, someone had called and said someone with a backpack threatened to blow up the stadium, WOW! I understand these officers were doing their job but after they searched me and found I was innocent they still charged me with two counts of aggravated assault on a police officer and a few others for good measure. My lawyer Rob Mckinney knew i was being honest and meant no one harm, but I was really scared that it may turn out very differently due to the circumstances. He not only got my charges dismissed but my record expunged as well. I'm forever grateful and would recommend this legal team for anyone in need of a most stellar lawyer. Thanks again Rob and the rest of the team.- Eric A
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"Forever Grateful"I want to personally thank Mr. Rob and Ms. Shyanne for everything they have done for me that took me to the resolution of being able to go on with my life. I’m forever blessed to have met them and had them in my life at a very rough time. Thank you.- K.
