In New York, the consequences of a vehicular homicide conviction are severe. If you’re accused of such a crime, you’ll need a seasoned legal team in your corner who can effectively fight to protect your rights and future. Here at Castro & Trodden, LLC, we have decades of experience representing clients facing serious criminal charges on Long Island, and we stand ready to put that experience to work for you. Contact our Suffolk County vehicular homicide lawyers for a free case evaluation today.
Vehicular Homicide Charges in New York
In New York, vehicular homicide is a serious criminal offense that applies when a person causes the death of another while operating a motor vehicle under certain conditions. While often confused with vehicular manslaughter, the key difference lies in the degree of recklessness and intent associated with the act.
New York law does not explicitly define a charge called “vehicular homicide,” but rather classifies these offenses under vehicular manslaughter statutes, which are categorized into different degrees based on the severity of the circumstances.
- Vehicular Manslaughter in the Second Degree (NY Penal Law § 125.12): This charge applies when a driver causes the death of another person while operating a vehicle under the influence of alcohol or drugs. A person may also face this charge if they drive a commercial vehicle with a BAC of 0.04% or higher or operate a vehicle with gross negligence.
- Vehicular Manslaughter in the First Degree (NY Penal Law § 125.13): The charge is elevated to first-degree if certain aggravating factors are present, such as having a BAC of 0.18% or higher, having a prior DWI conviction within the past 10 years, or driving with a suspended or revoked license.
- Aggravated Vehicular Homicide (NY Penal Law § 125.14): This is the most serious level of vehicular manslaughter in New York. A person may be charged with aggravated vehicular homicide if they commit first-degree vehicular manslaughter while also engaging in reckless driving.
Penalties for Vehicular Homicide & Manslaughter
The penalties for vehicular manslaughter in New York are significant and vary depending on the degree of the charge:
- Vehicular Manslaughter in the Second Degree is a Class D felony, carrying a potential sentence of up to 7 years in prison, fines up to $5,000, and a mandatory driver’s license revocation.
- Vehicular Manslaughter in the First Degree is a Class C felony, punishable by up to 15 years in prison, increased fines, and long-term license revocation.
- Aggravated Vehicular Homicide is a Class B felony, one of the most serious charges, carrying a potential sentence of up to 25 years in prison, along with hefty fines and permanent license revocation.
Beyond criminal penalties, a conviction can lead to civil lawsuits, a permanent criminal record, and significant personal and professional consequences. Since these penalties are so severe, it’s paramount that you retain the services of a skilled Long Island criminal defense lawyer at once.
Potential Defenses
Being charged with vehicular manslaughter does not mean a conviction is inevitable. There are several legal defenses that may apply, depending on the circumstances of the case. Some common defense strategies are as follows:
- Challenging the Evidence of Intoxication: Breathalyzer and blood test results are not always reliable. If testing was conducted improperly, or if there was a failure to follow proper procedures, the results may be challenged in court.
- Lack of Causation: The prosecution must prove that the accused’s actions directly caused the fatality. If there were other intervening factors, such as the negligence of another driver or a mechanical failure, this may be a valid defense.
- Violation of Constitutional Rights: If law enforcement officers conducted an illegal traffic stop, improper interrogation, or unlawful search and seizure, any evidence obtained may be suppressed.
- No Criminal Negligence or Recklessness: The prosecution must prove that the defendant was acting recklessly or with gross negligence. If the accident was truly unavoidable or not due to recklessness, this could be a strong defense.
Contact Our Long Island Vehicular Homicide Defense Lawyers
Don’t face serious criminal charges alone–contact the experienced vehicular homicide defense lawyers here at Castro & Trodden, LLC for comprehensive representation. Our consultations are free, so you have nothing to lose and everything to gain by simply reaching out and discussing your case with us.
