Charged with Vehicular Assault in the Second Degree?

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When it comes to Vehicular Assault in the Second Degree – don’t risk your family, your license, your job, or your financial future. Our Attorneys have the experience to defend you and fight your Vehicular Assault in the Second Degree charge. Our relationships and understanding of local courts, judges and prosecutors are key to helping our clients get the best possible legal outcomes.

Defending Vehicular Assault in the Second Degree Charges in New York State: Strategies and Considerations

Vehicular Assault in the Second Degree is a significant criminal charge in New York State (NYS) that relates to accidents involving motor vehicles resulting in injuries to individuals. This offense falls under the broader category of vehicular crimes and is considered a less severe charge than Vehicular Assault in the First Degree. The key distinction between the two lies in the extent of injury and the presence of certain aggravating factors. Vehicular Assault in the Second Degree typically involves causing serious physical injury while operating a vehicle recklessly or while under the influence of alcohol or drugs.

To be charged with Vehicular Assault in the Second Degree in NYS, certain elements must be met. The accused individual must have been driving recklessly or impaired by alcohol, drugs, or a combination of both. Additionally, they must have caused serious physical injury to another person due to their reckless or impaired driving. “Serious physical injury” usually refers to injuries that are life-threatening or lead to long-term or permanent consequences for the victim.

Prosecutors in New York State take Vehicular Assault in the Second Degree charges seriously, as it involves a combination of impaired driving and harm to others. Cases involving this offense often require a thorough investigation, which may include blood tests, accident reconstruction, and expert witnesses to establish the exact circumstances of the incident. Legal representation is essential for those facing Vehicular Assault in the Second Degree charges to navigate the legal process effectively and explore potential defenses or plea options.

Penalties for a Vehicular Assault in the Second Degree Charge in New York State

Penalties for Vehicular Assault in the Second Degree charges in New York State (NYS) can be significant and include both criminal and administrative consequences. The severity of the penalties depends on the specific circumstances of the case, the extent of injuries, and the defendant’s prior criminal history. Here is an overview of the potential penalties for Vehicular Assault in the Second Degree in NYS:

  1. Criminal Penalties:
    • Vehicular Assault in the Second Degree is a Class D felony in NYS, which is a serious felony category. Conviction for this offense can result in a substantial prison sentence.
  2. Fines and Restitution:
    • Convicted individuals may be ordered to pay fines, court fees, and restitution to the victims to cover medical expenses and other costs resulting from the incident.
  3. Driver’s License Revocation:
    • Conviction for Vehicular Assault in the Second Degree often leads to the revocation of the defendant’s driver’s license. The duration of the revocation can vary, but it is typically substantial.
  4. Probation and Parole:
    • As part of the sentence, a judge may impose probation or parole terms, which can include mandatory check-ins, drug and alcohol testing, and other conditions.
  5. Ignition Interlock Device (IID):
    • The court may require the installation of an ignition interlock device (IID) on the defendant’s vehicle, particularly if there is a history of alcohol-related offenses.
  6. Criminal Record:
    • A conviction for this offense results in a permanent criminal record, which can have lasting consequences on an individual’s personal and professional life.
  7. Civil Liability:
    • In addition to criminal penalties, the defendant may face civil lawsuits filed by the injured parties seeking compensation for medical expenses, pain and suffering, and other damages.
  8. Enhanced Penalties:
    • The penalties can be more severe if there are aggravating factors, such as prior convictions, high blood alcohol levels, or exceptionally severe injuries to the victims.

It’s crucial to note that the penalties for Vehicular Assault in the Second Degree can vary widely based on the specific circumstances of the case, and legal counsel is highly recommended for those facing these charges. An experienced attorney can help navigate the legal process, explore potential defenses, or plea options, and provide essential guidance throughout the legal proceedings.

Building a Robust Defense Strategy

Evaluating the Traffic Stop: The foundation of any Vehicular Assault in the Second Degree defense begins with a thorough examination of the traffic stop. Was there probable cause to initiate the stop? Were the proper procedures followed by law enforcement? Any violations of the defendant’s Fourth Amendment rights can significantly impact the case’s validity.

Challenging Sobriety Tests: Vehicular Assault in the Second Degree cases often involve field sobriety tests, which can be subjective and prone to human error. Our experienced attorneys meticulously scrutinize the administration of these tests to identify any inconsistencies or improper procedures that could undermine their reliability.

Questioning Chemical Tests: Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in Vehicular Assault in the Second Degree cases. However, these tests are not infallible. Our legal team will investigate whether the testing equipment was properly calibrated, maintained, and operated by certified personnel. If there are discrepancies, the validity of the test results can be called into question.

Medical Conditions and Prescription Medications: Some medical conditions and prescription medications can lead to impaired driving without the presence of alcohol or illegal drugs. Our defense strategy explores the possibility of a medical condition or medication affecting the defendant’s ability to operate a vehicle safely.

Constructing Alternative Explanations: We work closely with our clients to gather detailed accounts of the events leading up to their Vehicular Assault in the Second Degree charge. By understanding the context and circumstances, we can build alternative explanations for their behavior that may not necessarily point to impairment.

Navigating Legal Options

Our legal team is well-versed in the nuanced laws of New York State, including its Vehicular Assault in the Second Degree statutes and sentencing guidelines. Depending on the specifics of the case, we can pursue various legal avenues:

Negotiating Reductions: Through skillful negotiation, we aim to secure reductions in charges or penalties, such as obtaining a plea deal to a lesser offense or pursuing enrollment in a substance abuse education program.

Challenging Evidence in Court: If necessary, we are prepared to take the case to trial. Our experienced litigators will present a strong defense, cross-examine witnesses, and challenge evidence in court to achieve the best possible outcome.

Protecting Driving Privileges: Vehicular Assault in the Second Degree convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Conclusion

Facing a Vehicular Assault in the Second Degree charge in New York State can be a daunting experience, but the DWI Team is dedicated to providing unwavering support and exceptional legal representation. Our extensive knowledge of the legal landscape, combined with our commitment to protecting clients’ rights, empowers us to construct robust defense strategies tailored to each unique case. From dissecting the traffic stop to challenging sobriety tests and negotiating favorable outcomes, we stand as the shield against Vehicular Assault in the Second Degree charges, advocating for the best interests of our clients at every turn.

Frequently Asked Questions

Vehicular Assault in the Second Degree is a felony charge in NYS related to causing serious physical injury to another person while operating a vehicle recklessly or under the influence of alcohol or drugs.

 

“Serious physical injury” typically refers to injuries that are life-threatening or lead to long-term or permanent consequences for the victim. It is a legal term that varies based on the specific circumstances of the case.

 

 

Penalties can include a substantial prison sentence, fines, driver’s license revocation, probation, the installation of an ignition interlock device (IID), and a permanent criminal record.

 

Yes, a first-time offender can be charged with this offense if they cause serious physical injury to another person due to reckless or impaired driving.

 

Plea bargaining is possible, but it depends on the specific circumstances, the severity of injuries, and the discretion of the prosecutor.

 

Prosecutors typically rely on evidence such as witness statements, accident reconstruction, blood alcohol concentration (BAC) tests, and expert testimony to establish the elements of the offense.

 

Legal representation is highly recommended. An experienced attorney can help build a strong defense, protect your rights, and guide you through the legal process.

 

Yes, the Department of Motor Vehicles (DMV) can administratively suspend your driver’s license if you refuse a chemical test or are found to have driven under the influence.

 

Yes, victims of the incident may file civil lawsuits to seek compensation for medical expenses and other damages.

 

In some cases, the court may consider alternatives to incarceration, such as probation, if it is determined to be in the best interest of justice and public safety.

If you have any other questions, please contact us at info@dwiteam.com

Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding Vehicular Assault in the Second Degree in New York State.

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We promise to be there when you need us most.to do everything in our power to protect your future.to give you the best value.

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It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

Why work with the DWI TEAM?

DWI laws apply universally to all courthouses in New York. However, every courthouse has its own culture and expectations about how a DWI case should be prosecuted and punished. The local attorneys for the DWI TEAM have worked in courts throughout the counties in New York and have intricate knowledge of the culture, rules, and procedures prevalent in each courthouse. They know how to pitch their case and tailor a defense accordingly. The attorneys that represent the DWI TEAM have also fostered and developed a professional relationship with the judges, court staff, and prosecutors of each courthouse.

With a FREE consultation and our Best Price Promise – we are your unbeatable choice. We offer payment plans as low as $500 down and work closely with our clients to ensure you can afford quality representation. If we don’t believe we can help, we won’t take any money.

The attorneys with the DWI TEAM understand the stress involved in facing criminal charges. They particularly understand the complexities and complications of fighting a DWI case. For that reason, our attorneys are accessible to clients, answering their calls directly and promptly. Our staff provides moral and emotional support to clients at every stage of a DWI proceeding – from the inception of the case to post-conviction progress reports.

If you or a loved one has been charged with a DWI or any other driving offense, contact the DWI TEAM. We will carefully examine the specifics of your case, and if we do not feel we can help you, we will not take any money.

Contact us anytime 24/7/365 by calling (800) 570-1810 >

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Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.
Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27. This would leave our client with a criminal record for the rest of his life. We believed there was an issue with the stop, so we pushed forward. At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife. After the hearings, we submitted a memo of law outlining our issues. In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.
Law enforcement said our client had a BAC of 0.21 and had caused an accident in which he rolled his vehicle. During extensive negotiations with the prosecution, we were able to demonstrate that the accident was caused by inclement weather and our client had extensive equities from prior military combat experience. The result was an offer to a DWAI which is a non-criminal traffic infraction that – due to the accident and high BAC – was significantly outside of the District Attorney’s reduction policy.
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Clients speak for our work.
They are amazing people will answer all your questions and make you feel very comfortable about your situation. Andrew and his team was the best thing i could have asked for, and they are very nice and fast with communication. Overall great people!
This team responded right away, came up with a plan and acted on it right away. Very reasonable and flexible with payment plans and very understanding with my situation if I was in a bind with finances. You can tell they actually want to help you. Highly recommend!
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