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Vehicular Assault / DWI in Nassau County, NY

When a person is killed in New York by a motorist who was impaired by alcohol, drugs, or a combination of alcohol and drugs, the driver can be charged with Vehicular Manslaughter. However, the vehicular offense is assault in cases that result in serious physical injury to another person.

This is a felony offense that carries extremely stiff consequences for an alleged offender. However, it is not uncommon for people to be charged with this crime when the actual injuries are not severe enough to warrant a conviction. Any person who has been accused of this crime should immediately seek knowledgeable legal representation.

If you have been accused of causing serious physical injury to another party after allegedly driving while your ability was impaired by drugs, alcohol, or a combination of the two, then you will want to contact an experienced criminal defense attorney. Stephanie Selloni defends people facing these charges in Nassau County, Suffolk County, and all five boroughs of New York City.

Law Office of Stephanie Selloni represents clients in such areas as Hempstead, Freeport, Mineola, Long Island, Westbury, Floral Park, and Garden City. Call our firm today at 516-972-1212 to have your case reviewed during a free, confidential consultation.


New York Vehicular Assault / DWI Overview


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Long Island Vehicular Assault / DWI Charges

There are three statutes in New York Penal Law relating to this criminal offense:

  • Vehicular Assault in the Second Degree, New York Penal Law § 120.03 — Vehicular assault in the second degree is a class E felony; maximum sentence is up to 4 years. It is a class E felony if a person causes serious physical injury to another person while operating either:
    • a motor vehicle while intoxicated or impaired by the use of a drug or the combined influence of drugs and alcohol or multiple drugs;
    • a motor vehicle with a gross vehicle weight rating of more than 18,000 pounds which contains flammable gas, radioactive materials, or explosives;
    • a snowmobile or all-terrain vehicle (ATV) while intoxicated or impaired by the use of a drug or the combined influence of drugs and alcohol or multiple drugs.
  • Vehicular Assault in the First Degree, New York Penal Law § 120.04 — Vehicular assault in the first degree is a class D felony; maximum sentence is up to 7 years. It is a class D felony if a person commits the crime of vehicular assault in the second degree and either:
    • commits such crime while operating a motor vehicle while having a blood-alcohol concentration (BAC) of 0.18 or more;
    • commits such crime while operating a motor vehicle while knowing he or she has a suspended or revoked license;
    • he or she has previously been convicted of operating a motor vehicle while under the influence of alcohol or drugs in the past 10 years;
    • he or she causes serious physical injury to more than one person
    • he or she has previously been convicted of vehicular assault, vehicular manslaughter, or aggravated vehicular homicide
    • commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes serious physical injury to such child
  • Aggravated Vehicular Assault, New York Penal Law § 120.04-a — Aggravated vehicular assault is a class C felony; maximum sentence is up to 15 years. It is a class C felony if a person commits the crime of vehicular assault in the first degree and also engages in reckless driving.

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Vehicular Assault / DWI Penalties in New York

A conviction for any of these assault offenses can result in a lengthy prison sentence and steep fines. Depending on the specific classification of the charges, possible punishments may include:

  • Class E Felony — Up to four years in prison and fine of up to $5,000
  • Class D Felony — Up to seven years in prison and fine of up to $5,000
  • Class C Felony — Up to 15 years in prison and fine of up to $5,000

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Nassau County Vehicular Assault / DWI Defenses

There are a number of things that a prosecutor will need to prove beyond a reasonable doubt in order to convict an alleged offender for this crime. Some of the possible defenses that can help a person get these charges reduced or possibly even dismissed include, but are not limited to:

  • Lack of evidence that alleged offender was intoxicated or impaired by the use of a drug or the combined influence of drugs and alcohol or multiple drugs
  • Alleged victim did not sustain injuries that meet legal standard for serious physical injury
  • Lack of evidence that alleged offender’s intoxication or impairment was direct cause of alleged victim’s serious injury
  • Procedural errors by law enforcement, including failure to read Miranda Rights or illegal search of alleged offender’s vehicle

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Related Charges

Related charges under New York Law include criminally negligent homicide under Section 125.10 of the Penal Law - A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person. Criminally negligent homicide is a class E felony; maximum sentence is up to 4 years.

Vehicular manslaughter in the second degree under Section 125.12 of the Penal Law. Vehicular manslaughter in the second degree is a class D felony; maximum sentence is up to 7 years.A person is guilty of vehicular manslaughter in the second degree when he or she:

  1. commits the crime of criminally negligent homicide and either;
  2. causes the death of such other person by operation of a vehicle in violation of subdivision two, three or four of section eleven hundred ninety-two of the vehicle and traffic law...;
  3. causes the death of such other person by operation of a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such death... or by operation of an all-terrain vehicle as defined in paragraph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law in violation of subdivision two, three, or four of section eleven hundred ninety-two of the vehicle and traffic law.

Finding A Vehicular Assault / DWI Lawyer in Long Island

It can be extremely overwhelming experience for any person who has been charged with this criminal offense, but a skilled criminal defense attorney can investigate your particular case and develop the strongest legal defense. Stephanie Selloni fights to protect the rights of clients all over Long Island and surrounding areas such as Garden City, Freeport, Mineola, Westbury, Hempstead, and Floral Park.

Law Office of Stephanie Selloni serves clients in Suffolk County, Nassau County, and all five boroughs of New York City. You can receive a thorough evaluation of your case when you call 516-972-1212 to schedule a free legal consultation. When the stakes are high, call an experienced DWI attorney in Nassau County to discuss your case.