Can You Be Charged with a Crime for Vehicular Manslaughter in New York?

Vehicular manslaughter is a serious criminal offense in New York that can result in significant prison time if you are convicted. If you or a loved one has been charged with vehicular manslaughter, it's crucial that you understand the charges against you and the potential consequences. With the help of our skilled attorneys at Spodek Law Group, we can build a strong defense to fight the charges and protect your rights and freedom.

What is Vehicular Manslaughter?

In New York, vehicular manslaughter occurs when a person causes the death of another person while operating a vehicle in an illegal or reckless manner. There are three different types of vehicular manslaughter charges under New York law:

• Vehicular Manslaughter in the Second Degree (NY Penal Law § 125.12)
• Vehicular Manslaughter in the First Degree (NY Penal Law § 125.13)
• Aggravated Vehicular Homicide (NY Penal Law § 125.14)

The specific charge will depend on the circumstances of the case, such as the driver's blood alcohol content (BAC) level, whether they have prior DWI convictions, and whether multiple people were killed.

Vehicular Manslaughter in the Second Degree

Under New York Penal Law § 125.12, you can be charged with vehicular manslaughter in the second degree if you cause the death of another person while:

• Operating a vehicle with a BAC of 0.08% or higher (DWI)
• Operating a vehicle while your ability is impaired by drugs
• Operating certain vehicles (e.g. those carrying hazardous materials) with a BAC over 0.04%
• Operating a snowmobile or ATV while intoxicated

This is a class D felony punishable by up to 7 years in prison. Your driver's license will also be suspended or revoked.For example, let's say George leaves a party after having several drinks. Ten minutes later, he collides with another car, killing the driver 3 days later. If tests show George's BAC was 0.09%, he could face charges for vehicular manslaughter in the second degree.

Vehicular Manslaughter in the First Degree

You can be charged with vehicular manslaughter in the first degree under NY Penal Law § 125.13 if you commit vehicular manslaughter in the second degree PLUS one of the following aggravating factors:

• BAC of 0.18% or higher
• Driving with a suspended/revoked license for a prior DWI-related offense
• Prior conviction for any DWI-related offense
• Causing the death of more than one person
• Prior conviction for vehicular manslaughter or aggravated vehicular homicide

This is a class C felony punishable by up to 15 years in prison.

Aggravated Vehicular Homicide

The most serious vehicular manslaughter charge is aggravated vehicular homicide under NY Penal Law § 125.14. This applies when a person commits vehicular manslaughter in the second degree and:

• Has a BAC of 0.18% or higher, OR
• Is driving with a suspended/revoked license from a prior DWI-related offense, OR
• Has a prior DWI conviction within the past 10 years, OR
• Causes the death of more than one person, OR
• Has a prior conviction for vehicular manslaughter or aggravated vehicular homicide

Aggravated vehicular homicide is a class B felony, punishable by up to 25 years in prison.

Potential Defenses to Vehicular Manslaughter Charges

If you've been charged with vehicular manslaughter, having an experienced criminal defense attorney by your side is essential. At Spodek Law Group, our attorneys will thoroughly investigate your case to identify any potential defenses. Some common defenses to vehicular manslaughter charges include:

• Challenging the BAC results: For a vehicular manslaughter charge to stick, the prosecution must prove you were intoxicated at the time of the accident. If the BAC tests were improperly administered or the results are questionable, we may be able to get them excluded from evidence.
• Lack of causation: The prosecution must prove your intoxication or impairment was the direct cause of the victim's death. If other factors, such as poor road conditions or the victim's own negligence, contributed to the accident, this could be used as a defense.
• Necessity: In rare cases, a necessity defense may apply if you had to drive to prevent a greater harm, such as rushing someone to the hospital in an emergency.
• Constitutional violations: If the police violated your constitutional rights, such as pulling you over without probable cause or coercing a confession, any evidence obtained as a result may be inadmissible in court.

Why You Need an Experienced Vehicular Manslaughter Attorney

Facing vehicular manslaughter charges can be overwhelming, but you don't have to go through it alone. With so much at stake, you need a skilled attorney who understands the complexities of these cases and knows how to build a strong defense.At Spodek Law Group, our attorneys have decades of experience handling vehicular manslaughter cases in New York. We understand the immense stress and anxiety you're under, and we'll be by your side every step of the way to provide the guidance and support you need.When you work with us, we'll:

• Carefully review the evidence against you to identify any weaknesses in the prosecution's case
• Investigate the accident scene, interview witnesses, and consult with experts to gather evidence in your defense
• Aggressively challenge any unlawfully obtained evidence and protect your constitutional rights
• Negotiate with prosecutors to have your charges reduced or dismissed, if possible
• Meticulously prepare your case and provide a vigorous defense at trial

Contact Spodek Law Group for Help

If you or someone you love has been charged with vehicular manslaughter in New York, don't wait to get the legal representation you need. Contact Spodek Law Group today at 212-300-5196 to schedule a free and confidential consultation with one of our experienced attorneys.Remember, you have rights and you are presumed innocent until proven guilty. With our attorneys by your side, you can face these charges with confidence and work towards the best possible outcome in your case. Let us put our skills, experience, and dedication to work for you.