Facing Serious Charges After A Crash In Sarasota? Contact Our Experienced Lawyer
If you or someone you love is facing a serious charge after a crash with injuries, you may be worried about jail, a permanent record, and what this means for your future. As a vehicular assault attorney in Sarasota, we understand how quickly a traffic accident can become a criminal case.
Our Sarasota criminal defense lawyers focus on protecting people accused of serious offenses that arise from everyday situations, including collisions that lead to felony or misdemeanor charges. Our role is to step in, explain the process in plain language, and start working to protect your rights.
At Law Offices of Eric Reisinger, PA, our team includes Attorney Reisinger, a former Sarasota prosecutor who has handled high-stakes cases from the other side of the courtroom. He was the first lawyer in Sarasota County to obtain a dismissal of a murder charge under Florida’s Stand Your Ground law. That background gives us valuable insight into how prosecutors evaluate cases after a serious crash.
With over 20 years of experience and the insight of a former prosecutor, our firm is uniquely equipped to handle your defense. Take advantage of our free consultations and 24/7 availability by calling (941) 541-5335 or contact us online now to protect your rights.
Understanding Vehicular Assault Laws in Florida
While many people use the term "vehicular assault," Florida law addresses these incidents under Florida Statute § 316.192 (Reckless Driving). To be charged with a third-degree felony in this context, the state must allege that you drove a vehicle in "willful or wanton disregard for the safety of persons or property" and that this driving resulted in "serious bodily injury" to another person.
It is crucial to distinguish this charge from other related offenses. For example:
Careless Driving: A civil traffic citation for failing to drive in a careful and prudent manner. This is not a crime.
Reckless Driving (Misdemeanor): Driving with willful disregard for safety, but without causing serious injury to another.
Vehicular Homicide: A much more severe charge occurring when reckless driving results in the death of a human being.
Key Elements the Prosecution Must Prove
In Sarasota County, the prosecution bears a heavy burden. To convict you of this felony, they must prove three specific elements beyond a reasonable doubt:
Operation of a Motor Vehicle: You were the person behind the wheel and in physical control of the vehicle.
Reckless Conduct: You drove with a "willful or wanton" disregard for safety. The state must prove you knew your actions were likely to cause damage or injury but chose to proceed anyway.
Serious Bodily Injury: The victim must have suffered an injury that involves a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
As your Sarasota vehicular assault lawyer, we carefully analyze the evidence to argue that your conduct did not meet this high criminal threshold. If the injury is less severe, we may be able to argue for a reduction to a misdemeanor charge.
Penalties and Collateral Consequences for Reckless Driving Convictions in Florida
Florida judges take felony reckless driving cases very seriously. If you are convicted of this third-degree felony, the penalties are life-changing:
Prison Time: Up to 5 years in Florida State Prison.
Heavy Fines: Fines up to $5,000.
Probation: Extended periods of supervision that restrict your travel and lifestyle.
License Suspension: A mandatory or discretionary suspension of your driving privileges, which can make it nearly impossible to maintain a job in Sarasota.
Restitution: You may be ordered to pay the victim’s medical bills and lost wages out of pocket.
The collateral consequences extend far beyond the courtroom. A felony conviction means you lose your right to vote and your right to possess a firearm. It creates a permanent scar on your background check, affecting future employment, professional licensing, and even your ability to rent a home. Hiring a vehicular assault attorney in Sarasota who understands these high stakes is essential to protecting your future.
What To Do After An Arrest for Vehicular Assault
If you have just been arrested or recently learned that you are under investigation after a crash, your decisions now can affect your criminal case and your life. You may feel pressure to explain yourself or fix things quickly. That instinct is understandable, but it can sometimes make matters worse if statements are misunderstood or used out of context.
There are practical steps you can take to protect yourself while we evaluate your situation:
Try not to discuss details of the crash with anyone other than your lawyer, especially on recorded jail calls or social media.
Gather and keep any documents you receive, such as the arrest report, citation, towing paperwork, and court date notices, so we can review them.
Write down your recollection of what happened while it is still fresh, including road conditions, traffic, and any witnesses you remember.
Follow any bond or release conditions, such as no contact orders or travel limits, because violations can lead to new problems.
Contact a vehicular assault lawyer in Sarasota, so we can start evaluating the evidence and advising you before key decisions are made.
When you reach out to Law Offices of Eric Reisinger, PA, we can review the initial paperwork with you, explain what to expect at your first appearance or upcoming court date, and talk through your rights before you speak with law enforcement or anyone else about the crash. Our goal is to give you clarity and a plan rather than leaving you to guess your next move.
How A Local Vehicular Assault Lawyer Helps
A local vehicular assault lawyer helps by bringing firsthand knowledge of Sarasota courts, judges, and prosecutors. Regular experience in the Judge Lynn N. Silvertooth Judicial Center allows defense counsel to explain how cases typically progress, what to expect at hearings, and how the State Attorney’s Office evaluates crash-related charges. Prior prosecutorial experience also helps anticipate how the State analyzes evidence and assesses fault.
Vehicular assault cases often involve complex technical evidence, including crash reconstruction, medical records, and toxicology results. A local defense lawyer reviews how this evidence was collected and whether proper procedures were followed, while also identifying alternative explanations. Just as important, they maintain clear communication, meeting locally with clients and explaining strategies and developments so clients remain informed and involved throughout the case.
With over 20 years of experience, we have developed a sophisticated methodology for defending vehicular crimes. Our approach includes:
Accident Reconstruction: We often collaborate with private investigators and engineers to recreate the scene. We look for mechanical failures, poor road signage, or the reckless actions of other drivers that the police may have ignored.
Challenging "Willful and Wanton": Speeding alone is generally not enough to prove reckless driving in Florida. We argue that your actions were, at most, simple negligence, which is not a criminal act.
Medical Record Scrutiny: We evaluate whether the injuries claimed by the prosecution truly meet the legal definition of "serious bodily injury."
Constitutional Defenses: We ensure that any statements you made at the scene were not obtained in violation of your Miranda rights or the "accident report privilege," which protects certain statements made during the investigation of a crash.
Talk To Our Assault Attorneys in Sarasota Today
Vehicular assault charges can feel overwhelming, but you do not have to face them alone. When you contact our defense team, we take the time to understand what happened, review the available information, and explain the local criminal process in clear terms. Our goal is to protect your freedom, your record, and your future.
At Law Offices of Eric Reisinger, PA, we draw on litigation experience, prior work inside the Sarasota prosecutor’s office, and detailed investigation of each case. We strive to provide personalized representation, consistent communication, and thoughtful guidance at every step.
If you or a loved one is dealing with a serious crash-related charge, speaking with a vehicular assault defense lawyer Sarasota residents can rely on is an important first step. Call (941) 541-5335 or fill out our online form to talk with our team today.
Frequently Asked Questions
Could I Go To Jail For Vehicular Assault?
Jail or prison is a possibility in serious injury crash cases, especially if the charge is a felony. The actual risk depends on the specific statute, the injury level, and your history. We review these factors with you and work to pursue outcomes that reduce or avoid custody where possible.
What Should I Do Right After My Arrest?
After an arrest, it is important to stay calm, avoid discussing details of the crash on recorded calls, and follow any release conditions. You should contact our team quickly so we can review your paperwork, explain upcoming court dates in Sarasota, and advise you before you speak with anyone about the case.
How Can Your Sarasota Prosecutor Background Help Me?
Attorney Reisinger’s prior service as a Sarasota prosecutor helps us understand how the State Attorney’s Office evaluates evidence and decides charges. We use that insight to anticipate concerns, prepare responses, and negotiate from an informed position. It also aids in identifying weaknesses or gaps in the State’s theory of the case.
Will I Lose My Driver’s License After This Charge?
A serious crash charge can affect your driving privileges, but the impact varies with the allegation, prior record, and any related administrative actions. We look at both the criminal case and potential licensing consequences, then factor that into strategy as we work to protect your ability to drive when possible.
When Should I Contact A Vehicular Assault Lawyer?
It is usually best to contact a lawyer as soon as you know you are under investigation or have been arrested. Early involvement allows us to review reports, advise you about speaking with law enforcement, and prepare for hearings in Sarasota. Prompt action often expands your options.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.