New York Vehicular Assault in the First Degree
If you or someone you know has recently been charged with Vehicular Assault, you need to contact the experienced lawyers at Nave DWI Defense Attorneys today. Our highly skilled New York attorneys have dedicated their careers to defending drivers charged with driving-related offenses, such as DWI (driving while intoxicated) and Vehicular Assault. Contact us online for a free case evaluation today.
Vehicular Assault Defined
Vehicular Assault is a very serious charge in New York, and can result in a multiple penalties upon conviction. This charge can be brought in two ways: Vehicular Assault in the Second Degree and Vehicular Assault in the First Degree. The Second Degree charge is the lesser charge, and occurs when a motorist causes “serious physical injury” to another while committing a DWI. This charge can be brought against a driver operating multiple types of motor vehicle, including car, snowmobile, boat, or ATV. The penalties for the class “E” felony conviction of Vehicular Assault in the Second Degree include: up to four years in state prison; five years’ probation; and fines ranging from $1,000-$5,000.
Penalties for Vehicular Assault in the First Degree
When a driver is guilty of Vehicular Assault in the Second Degree and certain other offenses, their charge can be elevated to Vehicular Assault in the First Degree. This is a class D felony charge brought against a driver who is guilty of the Second Degree charge and has at least one of the following:
- BAC of 0.18% or above
- A suspension for an alcohol related offense in New York or any other jurisdiction
- A conviction of an alcohol related offense within the past 10 years
- Causes serious injury to more than one person
- Has a conviction for Vehicular Assault, Vehicular Manslaughter, or Vehicular Homicide in New York or any other jurisdiction
- Commits the Vehicular Assault with a child 15 years or younger in the vehicle as a passenger, and causes serious physical injury to such passenger
Because Vehicular Assault in the First Degree is an elevated charge, the penalties upon conviction can be more severe. These penalties may include:
- Up to seven years in state prison
- Five years’ probation
- Fines ranging from $2,000-$10,000
Given the serious nature of this charge, it is important to call an experienced DWI attorney immediately after being charged with Vehicular Assault in the First Degree. An experienced New York DWI lawyer will understand the complex law in this area, and can answer all of your questions. At Nave DWI Defense Attorneys, our practiced DWI attorneys have successfully defended countless New York drivers, and we can help you. We take an aggressive defense strategy, and fight to ensure your best possible results. When facing a felony charge like Vehicular Assault in the First Degree, your freedom could be at risk. Nave DWI Defense Attorneys attorneys understand what is at stake, and will zealously represent you throughout the entire case. We take the time to offer tailored legal advice to each client, and we care about the results. For a free case evaluation, call us at 1-877-435-7384 or contact us online.
DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.