Staten Island Vehicular Manslaughter Lawyer

Staten Island Vehicular Manslaughter Attorney

Vehicular manslaughter is a serious criminal charge for certain car accidents. When you are in any car accident in Staten Island, NY, even a minor one, it is often stressful and traumatic. Severe car accidents are even more devastating and often lead to the deaths of those involved in them. If a person causes an accident where someone dies, this does not automatically mean that they are charged with a crime. It may be dealt with in civil court. However, if the at-fault driver was particularly reckless and intoxicated, they will face criminal charges. This can be very scary, especially when added to the trauma from an accident. It’s important to work with an experienced Staten Island vehicular manslaughter attorney to defend against these charges.

The Vitaliano Law Firm: Your Criminal Defense Attorneys

If you have been charged with vehicular manslaughter, you need a legal defense you can count on. The team at The Vitaliano Law Firm strongly believes that every person deserves fair legal representation in criminal court. Criminal law is exceptionally complex, and we want to bring you the effective legal support you need with our experience in state and local criminal courts.

Vehicular manslaughter is a serious charge, and our firm understands how much these charges can affect your life and your family’s life. Our attorneys have experience as prosecutors, making us especially qualified to determine how they will approach your case and how to respond. Criminal cases are prosecuted by the state, which provides the prosecution with significant resources. When faced with criminal charges, you need legal counsel who can bring plenty of experience and resources to mitigate or end the charges and penalties against you.

Types of Vehicular Manslaughter in New York

Vehicular manslaughter is charged when a person kills another person with their vehicle. Those charged with vehicular manslaughter didn’t intend to hurt or kill the person, but they are still held criminally responsible for it because they were under the influence of drugs or alcohol and/or acted with reckless indifference for human life. When an individual causes injury or death in a car accident, they may not just face criminal charges like vehicular manslaughter. They might also face civil penalties from the injured party or surviving family members.

There are two degrees of vehicular manslaughter in New York, along with an aggravated vehicular manslaughter charge.

Second-Degree Vehicular Manslaughter

Vehicular manslaughter in the second degree is the least severe charge, but it is still a Class D felony. It is charged if an individual kills another person with their vehicle while doing one of the following:

• They were driving while impaired under the influence of a drug or while legally intoxicated with a blood alcohol content (BAC) of .08% or more.
• They were legally intoxicated while driving a vehicle with hazardous materials.
• They were operating a snowmobile or all-terrain vehicle while legally intoxicated.

A Class D felony conviction in New York results in up to 7 years in prison and up to $5,000 in fines. A vehicular manslaughter conviction will result in the suspension or revocation of the person’s driver’s license.

First-Degree Vehicular Manslaughter

Vehicular manslaughter in the first degree is a Class C felony. It is charged when an individual causes another person’s death with their vehicle, and at least one of the following applies:

• Their BAC was .18% or higher.
• Their driver’s license in another state was suspended or revoked due to a driving while intoxicated (DWI) conviction or because they refused to comply with chemical testing after arrest.
• They have been convicted of a DWI in New York or another state in the last 10 years.
• More than one person was killed.
• They have a prior conviction for vehicular manslaughter.
• There was a child under the age of 15 in the vehicle with the individual who was killed.

In New York, a Class C felony results in up to 15 years in prison and up to $5,000 in fines.

Aggravated Vehicular Manslaughter

Aggravated vehicular manslaughter covers the same aggravating factors as first-degree manslaughter. Any one of those circumstances can be present. To charge an offense as aggravated vehicular manslaughter, the driver must also be found to be driving recklessly, meaning that they were driving without regard or care for the safety of others on the road. Aggravated vehicular manslaughter is a Class B felony, resulting in up to 25 years in prison if convicted.

Manslaughter Lawyer FAQs

Q: What Is the Minimum Sentence for Vehicular Manslaughter in New York?

A: The lowest charge of vehicular manslaughter in New York is second-degree manslaughter. It is still a very serious charge, being a Class D felony that results in up to 7 years in prison. Depending on the circumstances of the accident and arrest, the court may assign probation after conviction if there are mitigating factors present.

Q: What Is the Maximum Sentence for Vehicular Homicide in New York?

A: Vehicular homicide, or vehicular manslaughter, in New York, can be charged in the second or first degree, or it can be aggravated. A second-degree vehicular manslaughter conviction results in up to 7 years in prison. If aggravating factors are present, such as a high BAC or prior convictions, first-degree vehicular homicide is charged, and a conviction results in up to 15 years in prison. Aggravated vehicular manslaughter is charged when there are aggravating factors and reckless driving present. A conviction results in up to 25 years in prison.

Q: What Is Aggravated Vehicular Manslaughter in New York?

A: Aggravated vehicular manslaughter is charged when a driver is found to be driving recklessly, is guilty of killing another person with their vehicle, and:

• They had a BAC over .18%.
• Their driver’s privilege was suspended in another state from a DWI conviction or from refusing to take a chemical test.
• They have been convicted of a DWI in the last 10 years.
• They have a prior vehicular manslaughter conviction.
• There was more than one person killed.
• There was a child under 15 years of age in the car with them who was killed.

Q: What Is First-Degree Manslaughter in New York State?

A: First-degree manslaughter in New York occurs when a person kills another without intending to, but they still acted with extreme negligence or carelessness for human life. This is charged as a Class B felony, and a conviction results in up to 25 years in prison and a fine of up to $5,000.

Effective Defense From The Vitaliano Law Firm

At The Vitaliano Law Firm, we are proud to represent individuals in the Staten Island area and surrounding communities with strong and individualized defense. Contact our team today to see how we can help with vehicular manslaughter charges and fight for an ideal outcome for your case.