THE DIFFERENCES BETWEEN THE DEGREES OF VEHICLE HOMICIDE
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Thursday, November 21, 2019.
Intoxicated motorists who cause the death of another stand the potential of being charged with vehicular manslaughter in New York. This crime may be classified as either a first-degree or second-degree felony depending on the nature of the offense.
A second-degree vehicular manslaughter charge is considered a Class D felony in New York.
An individual may be charged with vehicular manslaughter if they meet three different conditions. If a motorist causes the death of another while under the influence of drugs or alcohol, then they may be charged with this crime. Snowmobile and all-terrain vehicle operators fall under the umbrella of motorists according to New York Penal Code Section 125.12.
Someone may also face the same charges if they cause someone else’s death while operating a vehicle that both weighs 18,000 pounds and is carrying explosives, radioactive materials or flammable gas.
First-degree vehicular manslaughter is considered to be a Class C felony in New York.
A suspect must have met all the conditions to be arrested on second-degree vehicular manslaughter charges and meet additional criteria to be charged with the more serious first-degree offense.
New York Penal Code Section 125.13 spells out how any defendant who is determined to have had a blood alcohol content (BAC) of .18% when they caused another’s death may be charged with first-degree vehicular manslaughter.
Anyone who is suspected of having caused a fatal crash while driving on a suspended or revoked license whether in New York or another state may also face the more serious of the two charges, even if their revocation was caused by a motorist refusing to submit to chemical testing.
Any motorist that causes the death of more than one individual or has previously been convicted of certain traffic laws may also be charged with a first-degree offense. Drivers who cause the death of their child passenger 15 or younger may also be charged with vehicular manslaughter in the first degree.
Certain factors can lead to you facing aggravated criminal charges. These may carry with them increased fines and a longer prison term if you’re convicted of such a crime here in New York. An attorney can advise you of the potential penalties that you’re facing and advise you of defense strategies that you may want to employ in your case.