Long Island's Premier Criminal & DWI Defense Law Firm
Long Island Vehicular Assault and Vehicular Manslaughter Lawyer
When a crash involving alcohol or drugs causes serious injury or death, New York prosecutors charge vehicular assault or vehicular manslaughter, both felonies with possible state prison. These are among the most serious cases a DWI lawyer handles, and the defense starts with the crash investigation, the blood or breath test, and whether impairment actually caused the crash. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former DWI-unit prosecutor who defends vehicular cases in Nassau and Suffolk County.
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Vehicular crimes in New York
| Charge | When it applies | Level and maximum |
|---|---|---|
| Vehicular assault, 2nd degree (PL 120.03) | Driving while intoxicated or impaired by drugs and, as a result, causing serious physical injury | Class D felony: up to 7 years |
| Vehicular assault, 1st degree (PL 120.04) | Vehicular assault 2nd plus an aggravating factor, such as a BAC of 0.18 or more, a suspended or revoked license, a prior DWI within 10 years, injuring more than one person, or a child 15 or younger in the car | Class C felony: up to 15 years |
| Aggravated vehicular assault (PL 120.04-a) | Vehicular assault while also driving recklessly, plus an aggravating factor | Class B felony: up to 25 years |
| Vehicular manslaughter, 2nd degree (PL 125.12) | Driving while intoxicated or impaired by drugs and, as a result, causing a death | Class C felony: up to 15 years |
| Vehicular manslaughter, 1st degree (PL 125.13) | Vehicular manslaughter 2nd plus an aggravating factor | Class B felony: up to 25 years |
| Aggravated vehicular homicide (PL 125.14) | Vehicular manslaughter while also driving recklessly, plus an aggravating factor | Class B felony: up to 25 years |
Leaving the scene is a separate charge. Leaving after a crash that causes serious injury or death is its own felony. See leaving the scene of an accident (VTL 600).
What the prosecution must prove
- You were driving. Sometimes disputed when several people were in the car or no one saw who was driving.
- You were intoxicated or impaired. Usually proven with a blood test taken at the hospital, often under a court order.
- A serious physical injury or death. Serious physical injury has a specific legal meaning, such as a substantial risk of death, serious disfigurement or lasting impairment. Not every injury qualifies.
- The impairment caused it. The law presumes the impairment caused the injury when you were driving while intoxicated, but that presumption can be rebutted.
How we defend vehicular assault and manslaughter cases
Who caused it?
Causation
Another driver, road design, weather, a vehicle defect or the other person’s own conduct may have caused the crash. We hire accident reconstruction experts when needed.
Testing
The blood test
We examine how and when the blood was drawn, whether there was valid consent or a court order, the chain of custody and the lab’s testing.
Evidence
The investigation
We review the police crash report, scene measurements, vehicle data recorders and video, and preserve evidence before it is lost.
Hearings
Suppression
Statements made at the scene or hospital, and evidence from an unlawful stop or search, can be challenged at hearings.
How these cases move through court
Vehicular assault and manslaughter are felonies. In Nassau County the case starts at the First District Court in Hempstead and, after indictment, moves to Nassau County Court in Mineola. In Suffolk, felonies are heard in County Court. Because the stakes are high, the time before the grand jury acts is critical.
Other consequences
- License revocation, often for years, and possible permanent revocation with prior offenses
- An ignition interlock requirement
- Civil lawsuits from injured people or families, handled separately from the criminal case
- Immigration consequences for non-citizens
Vehicular assault and manslaughter: frequently asked questions
What is vehicular manslaughter in New York?
Vehicular manslaughter in the 2nd degree is causing a death while driving intoxicated or impaired by drugs, when the impairment caused the death. It is a class C felony, with up to 15 years in prison.
What is the difference between vehicular assault and vehicular manslaughter?
Vehicular assault involves a serious physical injury. Vehicular manslaughter involves a death. Both require driving while intoxicated or impaired. The aggravated versions also require reckless driving and an aggravating factor.
Can I be charged if the crash wasn’t my fault?
You can be charged, but the prosecution must prove your impairment caused the injury or death. If another driver or another factor caused the crash, that is a defense.
Is vehicular manslaughter a violent felony in New York?
Most vehicular assault and manslaughter charges are not violent felony offenses, which gives the judge more sentencing options. They are still serious felonies with possible state prison.
Should I talk to the police after a serious crash?
You must stop, help and exchange information as the law requires, but you should not answer questions about drinking or the crash without a lawyer.
How much does a vehicular manslaughter lawyer cost?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after a free consultation. The fee depends on the charge and whether experts are needed.
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Our Offices
Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
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See What Our Clients Are Saying
During what was one of the scariest times of my life, he gave me all of the knowledge and support possible to help me get through it. Not only did I end up getting a great outcome for my case, but Richard helped make it a very smooth process and was always there when I had...
Mr. Hochausser worked hard on my behalf.. so hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any profession these days. He was prepared and forthright every step of the way. I hope to never need his services...
Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important. Highly recommend!
Best DWI lawyer in New York!
Mr. Hochhauser was incredible. I was consulted immediately after the first call. Richard was easy to keep in touch with and would answer all of my emails, phone calls, and even texts regarding my concerns. Guided me through the whole process, made sure I understood everything...
Richard explained the matters of my case thoroughly and was professional and effective in dealing with the charges I was facing, ultimately getting the docket dismissed in its entirety. I would highly recommend procuring his services.
Was in a bad spot but Richard Hochhauser got me great results on my DWI case in Nassau County. Highly Recommend!!!
Can't thank Richard enough. He went aobve and beyond for me. Never had any issues with the law before and he made sure I had no record. Great Criminal Attorney!!!
Was never really in trouble before. And just googled best criminal attorney near me. Feel so lucky that Richard was the one I called. He really fought for me was very knowledgeable. Highly recommend!!
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