Vehicular Assault Defense Attorney
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Vehicular Assault / DWI in New York
If you've been involved in a DWI-related accident that resulted in serious injury to another person, you may face charges of vehicular assault in addition to driving while intoxicated (DWI). Vehicular assault is a grave offense in New York, carrying significant penalties that can impact your freedom, driving privileges, and future. It's crucial to understand the severity of these charges and seek experienced legal representation to protect your rights and build a strong defense.
Facing vehicular assault / DWI charges in New York?
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Understanding Vehicular Assault Charges in New York
In New York, vehicular assault charges can be filed when a person causes serious physical injury to another person while operating a vehicle under the following circumstances:
- While intoxicated (DWI) or impaired by alcohol (DWAI)
- With a blood alcohol content (BAC) of 0.08% or higher
- While impaired by drugs
- While impaired by a combination of drugs and alcohol
Second-degree vehicular assault (Class E felony)
Causing serious physical injury to another person while operating a vehicle under the influence of alcohol or drugs (New York Penal Law § 120.03)
First-degree vehicular assault (Class D felony)
Causing serious physical injury to another person while operating a vehicle under the influence, with a BAC of 0.18% or higher, or with a prior DWI conviction within the past 10 years (New York Penal Law § 120.04)
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Penalties for Vehicular Assault / DWI in New York
If convicted of vehicular assault in New York, you may face the following penalties:
Second-degree vehicular assault:
- Up to 4 years in state prison
- Fines ranging from $1,000 to $5,000
- Driver's license revocation for at least one year
- Mandatory installation of an ignition interlock device
First-degree vehicular assault:
- Up to 7 years in state prison
- Fines ranging from $2,000 to $10,000
- Driver's license revocation for at least one year
- Mandatory installation of an ignition interlock device
These penalties are in addition to any consequences you may face for the underlying DWI charge, which can include jail time, fines, and license suspension or revocation.
Defending Against Vehicular Assault / DWI Charges in New York
Given the severity of vehicular assault charges, it's essential to have an experienced attorney who can investigate your case, challenge the evidence against you, and develop a strong defense strategy. Some potential defenses may include:
- Challenging the legality of the traffic stop or arrest
- Questioning the accuracy of the BAC test results
- Examining whether proper testing procedures were followed
Arguing that the other person's injuries do not meet the legal definition of "serious physical injury"
Presenting evidence that the accident was caused by factors other than intoxication, such as road conditions or mechanical issues
Your attorney may also negotiate with prosecutors to have the charges reduced or to minimize the penalties you face.
Protect Your Rights and Future
Vehicular assault / DWI charges can have life-altering consequences, including lengthy prison sentences and the loss of your driving privileges. If you've been arrested for vehicular assault in New York, don't wait to seek legal help.
Call The Law Office of Andrew DeLuca at 518-245-9109 to schedule your free consultation and start building your defense today.
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