New York Vehicular Assault in the Second Degree

In New York, vehicular assault in the second degree is a serious criminal offense. This charge applies when someone causes serious physical injury to another person as a result of recklessly operating a motor vehicle.

Being convicted of this felony can result in years in prison as well as other significant consequences. It’s important to understand what constitutes vehicular assault in the second degree and how a skilled New York criminal defense lawyer can defend against the charges.

What Is Vehicular Assault in the Second Degree in New York?

According to New York Penal Code 120.03, a person commits vehicular assault in the second degree when they cause serious physical injury to another person by:

• Operating a motor vehicle in a way that recklessly creates a substantial risk of serious physical injury to others
• Operating a motor vehicle while intoxicated or impaired by drugs and causing serious physical injury to another person

Some key points about this charge:

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Legal Scenario: What Would You Do?

Scenario

After leaving a holiday party where you had several drinks, you ran a red light and collided with another vehicle, leaving the other driver with a broken pelvis and internal bleeding. Police administered a breathalyzer at the scene showing your BAC at 0.12%, and you were arrested and charged with vehicular assault in the second degree.

What am I facing with a vehicular assault in the second degree charge, and is there any way to fight this?

Attorney's Answer

Under New York Penal Law § 120.03, vehicular assault in the second degree is a Class E felony carrying up to four years in prison. The prosecution must prove that you caused serious physical injury while operating a vehicle in violation of VTL § 1192 (driving while intoxicated) or while driving recklessly under Penal Law § 120.20. A strong defense may challenge the breathalyzer calibration records, the traffic stop procedures, or argue that the other driver's injuries don't meet the legal threshold of 'serious physical injury' as defined under Penal Law § 10.00(10). Given the severity of the charges, it is critical to have an experienced attorney review the evidence immediately to explore suppression motions or negotiate reduced charges.

This is general information only. Contact us for advice specific to your situation.

• It’s considered a Class D felony in New York.
• The “serious physical injury” component means things like broken bones, concussions, disfigurement, loss of body parts, etc. Minor injuries don’t qualify.
• The reckless driving doesn’t necessarily have to be intentional but demonstrates a disregard for safety and consequences.
• Intoxication includes being impaired by alcohol, illegal drugs, or prescription medication.

Penalties for Vehicular Assault in the Second Degree

Since vehicular assault in the second degree is a felony, the potential penalties if convicted are severe. They can include:

• Up to 7 years in state prison.
• Fines up to $5,000.
• Revocation of driver’s license.
• Probation up to 5 years.
• Mandatory ignition interlock device on vehicles.