Long Island Vehicular Assault Lawyer Aggressively Defending the Rights of the Accused in Nassau County
A motor vehicle can turn into a deadly weapon if the driver behind the wheel is not responsible. If you injure or kill someone while operating a motor vehicle, you could be charged with vehicular assault, vehicular manslaughter, or aggravated vehicular homicide. Because these crimes involve physical injuries or fatalities, they are aggressively prosecuted by authorities on Long Island.
Being convicted of a vehicular crime can have a negative impact on the rest of your life. If you are accused of committing a vehicular crime, let vehicular assault lawyer Gianni Karmily fight back to protect your freedom.
What is Vehicular Assault in New York?
There are two degrees of vehicular assault. The first is second-degree vehicular assault, which is a class E felony. This crime occurs when a driver who is under the influence of alcohol or drugs causes serious physical injury to another person.
The crime of second-degree vehicular assault becomes first-degree vehicular assault if:
- The driver’s blood alcohol content (BAC) was 0.18% or more, or
- The driver’s license was suspended or revoked due to a prior conviction related to driving while intoxicated, or
- The driver has previously been convicted of DWI or another vehicular crime, or
- More than one person is injured, or
- There was a child 15 years of age or younger in the car at the time the crime was committed, and the child suffered serious injuries.
First-degree vehicular assault is a class D felony.
What are the different types of vehicular assault charges in New York?
New York law recognizes multiple degrees of vehicular assault depending on the severity of the conduct and the presence of aggravating factors:
- Vehicular assault in the second degree – generally a Class E felony involving serious injury caused while driving intoxicated or impaired
- Vehicular assault in the first degree – typically a Class D felony involving serious injury and additional aggravating factors such as high blood alcohol content, prior DWI offenses, or multiple injured victims
- Aggravated vehicular assault – a more serious Class C felony involving serious injury and reckless driving combined with an additional aggravating factor.
What is Aggravated Vehicular Assault?
A person is guilty of aggravated vehicular assault when he or she commits the crime of reckless driving and simultaneously commits the crime of vehicular assault in the second degree as described above, and additionally:
- Commits both crimes while driving with a blood alcohol concentration level at or above 0.18 percent, or
- Commits both crimes while knowing that his or her driver’s license has been suspended or revoked (in this state or any other state) for driving while intoxicated, driving while ability impaired, or driving under the influence of drugs, or
- Commits both crimes while a passenger age 15 or below is in the vehicle, or
- Has been convicted of driving while intoxicated, driving while ability impaired, or driving under the influence of drugs (in this state or any other state) within the last ten years, or
- Has been previously convicted of aggravated vehicular assault in this state or any other state, or
- Causes serious physical injury to more than one other person
Aggravated vehicular assault is a class C felony. The primary distinction between aggravated vehicular assault and vehicular assault in the first or second degree is that a motorist must have been driving recklessly in order to be charged with aggravated vehicular assault.
What is Vehicular Manslaughter?
If someone is killed rather than seriously injured, it is no longer considered vehicular assault. If a driver who is under the influence of alcohol or drugs kills someone, the driver could face second-degree vehicular manslaughter charges. This is a class D felony.
Just like the vehicular assault laws, second-degree vehicular manslaughter can become first-degree vehicular manslaughter if one of these conditions is met:
- The driver’s blood alcohol content (BAC) was 0.18% or more, or
- The driver’s license was suspended or revoked due to a prior conviction related to driving while intoxicated, or
- The driver has previously been convicted of DWI or another vehicular crime, or
- More than one person is killed, or
- There was a child 15 years of age or younger in the car at the time the crime was committed, and the child was killed.
This crime is a class C felony.
What is Aggravated Vehicular Homicide?
Vehicular manslaughter is not the only criminal charge you could face if you kill someone while operating a motor vehicle. In New York, you could be charged with aggravated vehicular homicide instead.
Aggravated vehicular homicide occurs when a reckless driver who is under the influence of alcohol or drugs kills someone and also:
- Has a BAC of 0.18% or more, or
- Has a suspended or revoked license from a prior DWI-related conviction, or
- Has previously been convicted of DWI or another vehicular crime, or
- Kills more than one person, or
- Kills one person and seriously injuries one or more others, or
- Has a child 15 years of age or younger in the car at the time the crime was committed, and the child was killed.
This is the most serious vehicular crime in New York, and is classified as a class B felony.
What Are the Penalties For Vehicular Assault Crimes on Long Island?
The penalties for these vehicular crimes will vary depending on the level of offense. Second-degree vehicular assault is a class E felony, which is punishable by up to four years in prison. Both first-degree vehicular assault and second-degree vehicular manslaughter are class D felonies, which are punishable by up to seven years in prison. If you are convicted of first-degree vehicular manslaughter, you could face up 15 years in prison. The most serious offense, aggravated vehicular homicide, is punishable by up to 25 years in prison. Anyone who is convicted of these crimes may also be ordered to pay up to $5,000 in fines as part of their sentence.
Because of the severity of these penalties, a conviction for a vehicular crime can completely disrupt your life. Don’t let this happen to you—let Gianni Karmily aggressively fight to secure your freedom.
What must prosecutors prove in a vehicular assault case?
In order to convict someone of vehicular assault in New York, prosecutors must show that the person was driving while intoxicated or impaired, and because of that intoxication or impairment, it caused serious physical injury to another person. They must also prove that the injury meets New York’s legal definition of “serious physical injury.”
Can vehicular assault charges be dismissed or reduced?
Yes. In some situations, vehicular assault charges may be reduced or dismissed in New York depending on the evidence and circumstances of the case. Potential defenses may include challenging chemical test results, disputing the cause of the accident, arguing that intoxication was not proven, or showing that the injuries do not meet the legal threshold for serious physical injury.
How do I find a vehicular assault lawyer near me?
To find a vehicular assault lawyer near you, search for a criminal defense attorney experienced in handling felony DWI-related injury cases and vehicular crimes in your area. Review law firm experience, attorney qualifications, and client feedback, confirm the lawyer regularly defends vehicular assault and serious driving-related criminal charges, and schedule a case evaluation.
Call Now to Schedule A Case Evaluation With Our Long Island Vehicular Assault Attorney
There’s a lot on the line in a vehicular assault, vehicular manslaughter, or aggravated vehicular homicide case. Don’t face these charges alone—turn to experienced vehicular assault attorney Gianni Karmily for help as soon as possible. He will work tirelessly to help you reach the best possible outcome in your vehicular crime case. To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.
