When someone has been drinking and is at fault for an auto accident where any other person is substantially injured, the charge is Aggravated Assault. This is very serious. If the injury is “serious”, or if a weapon such as a car is used, then it is a Class 3 felony. Because the car is a deadly weapon, the charge may be classified as a “dangerous” crime. What that means is that even if the accused has absolutely no prior DUI or criminal record, prison for several years is mandatory. If the crime is not alleged as “dangerous”, then probation with some jail time in the County jail is possible rather than prison.
If the injury is a broken bone or temporary disfigurement, then it can be charged as a class 4 (lower) felony. Again prison can be mandatory because of the “dangerous” designation. This is where your Lawyer must be a persuasive negotiator. Basically, the County Attorney holds all the cards. If the “dangerous” felony tag is applied, then prison is mandatory. The County Attorney is not required to allege “ dangerous”. Factual issues that mitigate, or help the case can also be used for negotiations.
I have been very successful in these kinds of cases in negotiating non-prison pleas as well as reduced jail time. Each case is different and what works for one client may not work for the next however, the method I use gets very favorable results.