The decision of which charges to issue is determined at the discretion of the prosecutor. Depending upon the facts of the case, they choose whether to issue felony charges or not. Those same facts will dictate the strength or weakness of your ability to get a plea. Call a criminal attorney.
You are asking about the issue of issue of transfered intent. Example: I want to hit a person, but thought up a great idea. I get a piece of paper and put it up to a persons head. I punch the paper and the paper hits the persons head, technically not me. Under the law, my intent to harm or injure is transfered to the person who is the ultimate recipient of my punch and I am guilty of battery, not destruction of paper. In your case, vehicular assault is serious. Call a criminal attorney ASAP!
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