Vehicular Injury and Homicide Defense Attorney in Lexington
Protecting Your Rights & Future in Lexington, KY
Facing charges related to serious injuries or fatalities caused by vehicle operation in Lexington, KY can be overwhelming. Here at Oakley & Oakley, we understand what’s at stake for you. Our nearly 20 years of local legal experience allow us to provide comprehensive and strategic defenses tailored to your unique circumstances. Whether it involves intricate local statutes or addressing the nuances of your case, we are committed to protecting your rights and alleviating the stress involved in legal proceedings.
Our approach goes beyond just the courtroom. We believe in creating a personalized experience where you feel supported every step of the way. We invest time in understanding your specific situation, explaining the legal process in detail, and ensuring you are aware of every option available to you. This holistic approach not only prepares you for the legal challenges ahead but also helps in making informed decisions about your future.
If you're facing charges, don't wait to secure experienced legal representation. Call (859) 712-7365 or complete our online contact form to schedule your free consultation today.
Understanding Charges Related to Vehicular Injury and Homicide in Lexington
While "vehicular assault" isn't a specific standalone charge in Kentucky, causing injury or death with a vehicle is a serious criminal matter. Under Kentucky Revised Statutes, such offenses can lead to severe penalties, including lengthy jail time, substantial fines, and driver's license suspension. It's crucial to navigate these charges with a skilled defense lawyer in Lexington.
In Kentucky, depending on the severity of the injury and the circumstances, charges can include:
- Vehicular Homicide (KRS 507.060): In Kentucky, while the term 'vehicular homicide' is commonly used, charges involving death caused by a vehicle under the influence are typically prosecuted as Manslaughter in the Second Degree (KRS 507.040) or Wanton Murder (KRS 507.020) depending on the level of recklessness or intent involved.
- Assault Charges (KRS Chapter 508): If the operation of a vehicle causes physical injury or serious physical injury, you could face various degrees of assault charges. A vehicle can be considered a "dangerous instrument" in these contexts. Examples include:
- Assault in the First Degree: If serious physical injury is caused intentionally or wantonly with a dangerous instrument.
- Assault in the Second Degree: For intentionally causing serious physical injury, or causing physical injury with a dangerous instrument.
- Assault in the Fourth Degree: For intentionally or wantonly causing physical injury, or recklessly causing physical injury with a dangerous instrument.
- Reckless Homicide (KRS 507.050): This charge may apply if a death results from reckless conduct with a vehicle, even without impairment.
Many cases involving vehicular injury or death stem from allegations of DUI. Under KRS 189A.010, operating a motor vehicle under the influence of alcohol or drugs can significantly increase the severity of charges, particularly if injury or death occurs. A conviction under these circumstances can result in felony DUI penalties, mandatory incarceration, and long-term license suspension.
Cases involving vehicular injury or homicide often involve various stakeholders including law enforcement, insurance companies, and sometimes, victims' advocates. The complexity of dealing with multiple parties requires in-depth legal knowledge and negotiation skills, which is a cornerstone of our defense strategy at Oakley & Oakley. We differentiate ourselves by maintaining open lines of communication with all parties involved to negotiate the best possible outcomes for our clients, whether through plea deals or other legal arrangements.
Local Context: What You Need to Know
In Lexington, cases involving vehicular injury or homicide are handled with strict attention to detail given the city’s comprehensive road regulations and traffic enforcement. The Fayette County Circuit Court (for felony charges) and District Court (for misdemeanors and preliminary hearings) are typically where such cases are adjudicated, meaning that familiarity with their procedures and judges can make a difference in the outcome of your case. At Oakley & Oakley, we leverage this local knowledge to build a robust defense.
Moreover, the city's development patterns and traffic conditions present unique challenges. The bustling downtown area, frequent roadworks, and large events can sometimes contribute to unexpected driving conditions that may play a role in vehicular incidents. By understanding these local factors, our legal team can incorporate them into case strategies, potentially highlighting aspects of your case that could be misunderstood or overlooked by a standard assessment.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 859-712-7365 today!
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What is Probable Cause?
Probable cause is a legal term that is often misunderstood. Law enforcement must have probable cause to believe you committed a crime before they search or arrest someone.
Probable cause is a particular and reasonable belief that an individual is:
- committing a crime,
- has committed a crime or
- is about to commit a crime.
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What is a Criminal Defense Attorney and When do You Need One?
A criminal defense attorney represents individuals who are under investigation for criminal activity. They represent clients who might be witnesses in a criminal case. They also represent individuals charged with crimes.
If you or a family member has been arrested or is dealing with a criminal law matter, it is wise to consult a criminal defense lawyer as soon as possible.
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Questions to Ask a Criminal Defense Lawyer During a Free Consultation
When you need to hire a criminal defense lawyer to represent you, it can be challenging to know what you are looking for. Obviously, you want your lawyer to be experienced, attentive, and personable. After all, who you hire matters. That is why it is so important you are prepared when you meet with an attorney for a free consultation. Knowing which questions to ask and what answers to look for can help you weed out the lawyers who might not be a good fit and zero in on the attorneys who will do an excellent job defending you. But many people who are in search of a lawyer are doing so for the first time. They have never been arrested or summoned to a courtroom before. Knowing where to even begin can be stressful in and of itself. To help you navigate the challenging process of hiring the right lawyer, here are several questions you might want to ask during a free consultation.
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How Your Criminal History Could Affect Your Current Case
Your prior brushes with the law can have an enormous influence on your life. Once you pay your fines or serve jail time, you will likely have to face the additional collateral consequences of your conviction. Having a criminal conviction can prevent you from getting desirable jobs and living where you would like. What’s worse, your criminal history can influence a prosecutor’s decisions about new charges and can result in harsher punishments for subsequent convictions. If you have legal questions about a current criminal case, seek the advice of an experienced criminal defense attorney immediately.
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How to Know if You Hired a Good or Bad Criminal Defense Attorney
If you are accused of a crime or you are under investigation for a crime, you have the right to legal counsel. It does not matter whether you face drug crime charges, DUI charges, or weapons charges. The United States Constitution guarantees you the right to consult with a criminal defense lawyer. Never give up or waive your right to counsel when facing criminal charges in Kentucky. Always exercise your right to consult with a lawyer before answering questions or giving the police a statement.
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