Vehicular Assault In New York

  1. Vehicular Assault In The Second Degree-Penal Law §120.03
  2. Penalties For Vehicular Assault In The Second Degree
  3. Vehicular Assault In The First Degree Penal Law §120.04
  4. Penalties For Vehicular Assault In The First Degree
  5. Aggravated Vehicular Assault-Penal Law §120.04-a
  6. Penalties For Aggravated Vehicular Assault
1. Vehicular Assault In The Second Degree-Penal Law §120.03:

You can be found guilty of vehicular assault in the second degree in New York if:

  • You cause serious physical injury to another person as a result of operating a motor vehicle or vessel while intoxicated by alcohol or impaired by drugs or drugs and alcohol combined; or
  • You cause serious physical injury to another person as a result of operating a motor vehicle with a gross motor vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives while your ability to operate that vehicle is impaired by alcohol; or
  • You cause serious physical injury to another person as a result of operating a snowmobile or an all-terrain vehicle while intoxicated by alcohol or impaired by drugs or drugs and alcohol combined.

2. Penalties For Vehicular Assault In The Second Degree:

ClassJailProbationFineSurcharge
E-Felony 1-4 years 5 years Up to $5,000.00 $325.00*

* Includes crime victim assitance fee. There is no surcharge if restitution or reparation is made to the victim pursuant to Penal Law §60.27

3. Vehicular Assault In The First Degree Penal Law §120.04:

You can be found guilty of vehicular assault in the first degree in New York if:

  • You commit vehicular assault in the second degree while operating a motor vehicle with a blood alcohol content of .18 of one per centum or more [A-DWI]; or
  • You commit vehicular assault in the second degree while operating a motor vehicle with a driver’s license that was suspended or revoked because of a prior driving under the influence of alcohol or drugs conviction or refusal to take a chemical test conviction; or
  • You commit vehicular assault in the second degree after having been convicted of driving under the influence of alcohol or drugs within the last ten years; or
  • You commit vehicular assault in the second degree causing serious physical injury to more than one other person; or
  • You commit vehicular assault in the second degree having been previously been convicted of vehicular assault in the second degree, vehicular manslaughter or aggravated vehicular homicide.

4. Penalties For Vehicular Assault In The First Degree:

ClassJailProbationFineSurcharge
D-Felony 1-7 years 5 years Up to $5,000.00 $325.00*

*Includes crime victim assistance fee. There is no surcharge if restitution or reparation is made to the victim pursuant to Penal Law §60.27

5. Aggravated Vehicular Assault-Penal Law §120.04-a.:

You can be found guilty of aggravated vehicular assault in New York if: you commit vehicular assault in the first degree while driving a motor vehicle in a manner which unreasonably interferes with the free and proper use of the public highway or unreasonably endangers users of the of the public highway [ See: Reckless Driving –VTL §1212].

6. Penalties For Aggravated Vehicular Assault:

ClassJailProbationFineSurcharge
C-Felony 1-15 years 5 years Up to $5,000.00 $325.00*

*Includes crime victim assistance fee. There is no surcharge if restitution or reparation is made to the victim pursuant to Penal Law §60.27

Please call me toll free at 1-877-858-2889 if you have been charged with vehicular assault in New York. I am available 24/7. The initial consultation is free. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.