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

At Spodek Law Group, we understand how devastating it can be to be involved in a fatal car accident. The emotional trauma alone is overwhelming, but facing potential criminal charges on top of that can feel utterly terrifying. If you're reading this, you may be wondering - can you actually be charged with a crime for accidentally killing someone in a car crash in New York?The short answer is yes, you absolutely can face serious criminal charges for vehicular homicide in New York State. But don't panic just yet. We're here to walk you through the details of vehicular homicide laws in NY and explain your options if you're facing charges. With our experienced criminal defense attorneys on your side, we can help protect your rights and fight for the best possible outcome in your case.

Understanding Vehicular Homicide Charges in New York

In New York, there are several different criminal charges that fall under the umbrella of "vehicular homicide":

• Vehicular manslaughter in the second degree
• Vehicular manslaughter in the first degree
• Aggravated vehicular homicide

Let's break down each of these charges and what they entail:

Vehicular Manslaughter in the Second Degree

This is the least serious vehicular homicide charge in New York, but it's still a Class D felony. You can be charged with vehicular manslaughter in the second degree if you:

• Cause the death of another person while driving under the influence of drugs or alcohol (BAC of 0.08% or higher)
• Cause a death while driving a vehicle carrying flammable gas, radioactive materials, or explosives while intoxicated
• Cause a death while operating a snowmobile or ATV while intoxicated

Even as the "least serious" charge, a conviction still carries up to 7 years in prison. So this is NOT something to take lightly.

Vehicular Manslaughter in the First Degree

This more serious charge is a Class C felony. You can face this charge if you commit vehicular manslaughter in the second degree AND:

• You have a BAC of 0.18% or higher
• You were driving with a suspended/revoked license due to a previous DWI
• You have a previous DWI conviction within the last 10 years
• The accident caused the death of more than one person
• You have a previous vehicular manslaughter or assault conviction

A conviction for vehicular manslaughter in the first degree can result in up to 15 years in prison.

Aggravated Vehicular Homicide

This is the most serious vehicular homicide charge in New York. It's a Class B felony that carries up to 25 years in prison. You can be charged with aggravated vehicular homicide if you commit vehicular manslaughter in the first degree AND:

• Your BAC was 0.18% or higher
• You have a previous DWI conviction in the last 10 years
• Your license was suspended in another state for DWI
• You caused multiple deaths
• You have a prior vehicular manslaughter/assault conviction
• There was a child under 15 in your vehicle who was killed

As you can see, the stakes are incredibly high with these charges. Even a "minor" vehicular homicide conviction can land you in prison for years and permanently alter the course of your life. That's why it's absolutely crucial to have an experienced criminal defense attorney on your side if you're facing any type of vehicular homicide charge in New York.

Defenses Against Vehicular Homicide Charges

While vehicular homicide charges are very serious, there ARE potential defenses available depending on the circumstances of your case. Some possible defense strategies we may explore include:

• Challenging the accuracy of BAC test results
• Arguing proper procedures weren't followed for field sobriety or chemical tests
• Showing you weren't actually impaired at the time of the accident
• Proving the accident was caused by factors outside your control (road conditions, vehicle malfunction, etc.)
• Demonstrating the victim's own negligence contributed to the accident

Every case is unique, so we'll need to carefully review all the evidence to determine the best defense strategy for your specific situation. But rest assured, our experienced criminal defense team will explore every possible avenue to fight the charges against you.

Penalties for Vehicular Homicide Convictions in New York

If you are convicted of a vehicular homicide charge in New York, the consequences can be severe. Here's an overview of the potential penalties: In addition to prison time and fines, a conviction will also result in:

• Permanent criminal record
• Driver's license revocation (minimum 6 months to 1 year)
• Mandatory installation of ignition interlock device
• Drastically increased insurance rates
• Potential civil lawsuits from victim's family

The long-term consequences of a vehicular homicide conviction can impact virtually every aspect of your life - from your career prospects to your personal relationships. That's why it's so important to fight these charges aggressively with the help of a skilled defense attorney.

Why You Need an Experienced Vehicular Homicide Defense Lawyer

Facing vehicular homicide charges in New York is NOT something you want to handle on your own. The prosecutors will be gunning for a conviction and harsh sentence. You need a knowledgeable criminal defense attorney who understands the complexities of these cases and knows how to effectively challenge the evidence against you.At Spodek Law Group, we have decades of experience defending clients against serious vehicular crimes in New York. We know the prosecutors, we know the judges, and we know how to build a strong defense strategy tailored to your unique case. When you work with us, you can expect:

• A thorough investigation of the accident and all evidence
• Aggressive challenges to any improper police procedures or unreliable test results
• Skilled negotiations with prosecutors to potentially reduce charges
• Compelling arguments in court to create reasonable doubt
• Compassionate support and guidance through every step of the legal process

We understand how stressful and scary this situation is. But you don't have to face it alone. Let our experienced team fight to protect your rights and your future.

What to Do If You're Involved in a Fatal Car Accident

If you find yourself in the unfortunate situation of being involved in a car accident where someone is killed, it's important to know how to handle it properly. Here are some key steps to take:

1. Stay at the scene - Leaving the scene of a fatal accident is a serious crime that will only make your situation worse.
2. Call 911 - Report the accident and request medical assistance immediately.
3. Don't discuss fault - Avoid making any statements about who was at fault, even if you think you caused the accident.
4. Document the scene - Take photos and gather contact info for any witnesses if possible.
5. Seek medical attention - Even if you feel fine, get checked out by a doctor to rule out any injuries.
6. Contact an attorney ASAP - Before speaking to police or insurance companies, consult with an experienced criminal defense lawyer.
7. Don't post on social media - Anything you say online about the accident could potentially be used against you.

The actions you take immediately after a fatal accident can have a major impact on any potential criminal case against you. By following these steps and contacting an attorney right away, you can protect your rights and avoid making critical mistakes.

Frequently Asked Questions About Vehicular Homicide in New York

Here are some common questions we hear from clients facing potential vehicular homicide charges:Q: Can I be charged even if I wasn't drunk or on drugs?A: Yes, it's possible to face charges even if you were completely sober. If prosecutors believe you were driving recklessly or negligently, you could be charged with criminally negligent homicide or manslaughter.Q: What if the accident wasn't my fault?A: If you can prove the accident was truly not your fault (i.e. the other driver ran a red light), you likely wouldn't face criminal charges. However, determining fault in fatal accidents is often complex, so it's crucial to have an attorney review the evidence.Q: Will I automatically go to jail if convicted?A: While prison time is a possibility, it's not guaranteed - especially for first-time offenders. We may be able to negotiate for probation or other alternatives to incarceration depending on the circumstances.Q: How long will my license be suspended?A: License revocation periods vary, but are typically at least 6 months to 1 year for vehicular manslaughter convictions. For aggravated vehicular homicide, it could be much longer.Q: Can the charges be reduced to a lesser offense?A: Potentially, yes. Through skilled negotiations with prosecutors, we may be able to get charges reduced to a less serious offense in some cases. Every situation is unique though.Q: Should I just plead guilty if I was drunk?A: Absolutely not! Even if you were intoxicated, there may be issues with the evidence or procedural errors that could get charges reduced or dismissed. Always consult an attorney before considering a guilty plea.

Contact Spodek Law Group for a Free Consultation

If you or a loved one is facing potential vehicular homicide charges in New York, don't wait to get legal help. The sooner you have an experienced criminal defense attorney on your side, the better your chances of a positive outcome.At Spodek Law Group, we offer free initial consultations to discuss your case and explain your options. We'll give you an honest assessment of what you're up against and how we can help. Our compassionate team understands what you're going through and will fight tirelessly to protect your rights.Don't let one tragic accident define the rest of your life. Contact us today at 212-300-5196 or through our website at https://www.federallawyers.com to schedule your free consultation. Let us put our decades of experience to work for you.Remember, the prosecution will be building their case against you from day one. The sooner you have a skilled defense attorney in your corner, the better positioned you'll be to fight the charges. Don't face this alone - reach out to Spodek Law Group today and get the aggressive legal representation you need.