NY Vehicular Assault Defense Attorney

A vehicular assault charge carries the potential for jail time and heavy fines. These charges take place when someone drives a vehicle while intoxicated or impaired and causes serious injury to another person, transforming what might have been a standard DWI case into a felony prosecution.

Vehicular assault cases require an experienced criminal defense attorney who understands both New York’s vehicle and traffic laws, as well as the serious nature of felony prosecution.

Experienced vehicular assault lawyer Mehdi Essmidi works tirelessly to protect your rights in the legal process. When facing vehicular assault charges, the earlier you secure qualified legal representation, the better positioned you’ll be to achieve the most favorable outcome. Contact us today for a free consultation.

New York Vehicular Assault Laws

Vehicular assault charges are divided into three categories: Each carries different criteria and penalties.

Vehicular Assault in the Second Degree (Penal Law § 120.03)

Under New York Penal Law § 120.03, you may face charges of vehicular assault in the second degree if you drive while intoxicated or impaired by drugs and cause physical injury to another person. This is a Class E felony, punishable by up to four years in prison.

Vehicular Assault in the First Degree (Penal Law § 120.04)

Under Penal Law § 120.04, it is a Class D felony. These charges take place when you commit Vehicular Assault in the Second Degree (causing serious physical injury while driving intoxicated or impaired), and one or more aggravating factors are present, such as:

• A BAC of 0.18% or higher
• Having a prior DWI conviction within 10 years
• Causing serious injury to more than one person
• Having a child 15 or younger in the vehicle who is injured
• Having a suspended or revoked license
• Having a prior conviction for vehicular assault or homicide
• Committing the crime with negligent operation of a commercial vehicle transporting hazardous materials

Aggravated Vehicular Assault (Penal Law § 120.04‑a)

Under Penal Law § 120.04-a, aggravated vehicular assault is a Class C felony.  These charges take place when Vehicular Assault in the Second Degree was committed, and one or more aggravating factors are present, such as:

• All the elements of Vehicular Assault in the First Degree are met, and
• The offense was committed in a reckless manner (this is a key extra requirement), and
• Aggravated DWI law was violated (usually this means a BAC of 0.18% or higher, or having a child passenger under 16)

Penalties for Vehicular Assault

A conviction can result in incarceration, fines, and a criminal record:

• For a second-degree vehicular assault conviction, you could face up to four years in prison, a fine of up to $5,000, and a mandatory license suspension.
• A first-degree vehicular assault conviction carries a maximum sentence of seven years in prison, a fine of up to $5,000, and a mandatory license revocation.
• Aggravated vehicular assault carries a maximum sentence of 15 years in prison, a fine of up to $5,000, and a mandatory license revocation.

Legal Defenses Against Vehicular Assault Charges

Our experienced defense attorneys work to identify weaknesses in the prosecution’s case, which may result in reduced charges or even a complete dismissal. Here are some of the legal defenses that might be available in your case:

• Challenging the Traffic Stop: If the police did not have a lawful reason to stop you, any evidence obtained as a result of that stop may be suppressed.
• Challenging the Field Sobriety Tests: Depending on how these tests took place, they might be disputed in court.
• Challenging the Breathalyzer Results: Breathalyzers must be properly calibrated to produce accurate results. If the machine used in your case was not properly maintained or calibrated, or if the officer did not administer the test adequately, the results may be challenged.
• Challenging the Cause of Injury: Just because an accident occurred does not mean that your alleged impairment was the cause. Other factors, such as weather conditions, road conditions, or actions taken by other road users, could have contributed to or caused the accident.

Contact Us for a Free Consultation

If you or a loved one is facing vehicular assault charges in New York, attorney Mehdi Essmidi understands your situation and is ready to fight for your rights. With experience as a former prosecutor, Mehdi knows how the other side thinks and can counter their strategies.

Remember, being charged with a crime does not mean you are guilty. You have rights, including the right to a vigorous defense. The Law Offices of Mehdi Essmidi work tirelessly to achieve the best possible outcome for your case. Don’t face these charges alone. Contact us today for a free consultation.

Frequently Asked Questions

What do vehicular assault charges mean in New York?

If you’re facing vehicular assault charges in New York, it can result in a permanent criminal record, loss of driving privileges, and incarceration. A skilled NY vehicular assault defense attorney can help you go through the legal process, challenge the prosecution’s claims, and work toward a favorable outcome.

What’s the difference between second and first-degree vehicular assault under New York Penal Law?

Under New York Penal Law, second-degree vehicular assault involves causing serious physical injury to another person while driving under the influence or committing another traffic offense. First-degree vehicular assault may apply when there are prior convictions, a particularly high blood alcohol content, or if the offense resulted in serious and protracted disfigurement or other extreme harm. First-degree charges are classified as a class C felony.

Can a vehicular assault case lead to a felony conviction?

A vehicular assault case in New York can result in a felony conviction depending on the degree of the charge and the circumstances of the incident. A class D felony or class C felony may apply if the injuries involve a bodily organ, protracted disfigurement, or child endangerment, or if the driver had a revoked license.

How does New York define serious physical injury in vehicular assault cases?

In the context of vehicular assault, a serious physical injury includes injuries that cause long-term impairment, create a substantial risk of death, or lead to permanent disfigurement or loss of a bodily organ. The presence of such injuries often escalates the severity of the charges and potential penalties.

What are common defense strategies in vehicular assault cases?

Defense strategies in a vehicular assault case may include challenging blood alcohol content tests, procedural errors, or presenting evidence that raises reasonable doubt about the driver’s recklessness or intent. Our knowledgeable vehicular assault attorney and former prosecutor can evaluate the case to identify weaknesses.

Are there alternative sentencing options for vehicular assault in New York?

Depending on the facts of the case and whether it’s a first offense, there may be alternative sentencing options available, especially when injuries were less severe. These could include community service, probation, or treatment programs. However, such alternatives are less likely in cases involving serious injury, aggravated vehicular assault, or a prior criminal record.

Can a vehicular assault conviction be reduced or dismissed?

In some cases, vehicular assault charges may be negotiated down to lesser offenses or even dismissed, especially if there are issues with the evidence, such as questionable traffic law enforcement or problems proving the injury to another person was caused by the driver’s actions. A strategic defense from an experienced vehicular assault lawyer is essential in these cases.