Facing First Degree Vehicular Manslaughter Charges in New York?

The charge of vehicular manslaughter can result when a driver causes the death of another person and is criminally responsible because of some aggravating factor. In New York, homicide covers all murder and manslaughter charges, but not vice versa. Thus, in this case, vehicular manslaughter in the first degree is considered a type of homicide, while many other forms of homicide exist, such as murder in the first and second degrees and manslaughter in the first and second degrees.

Vehicular Manslaughter in the First Degree Charges

To be prosecuted for vehicular manslaughter in the first degree under New York Penal Law § 125.13, you cause the death of another person while driving and:

• Your BAC was at least .18,
• Your driving privileges had been suspended in another state because you were convicted of driving while intoxicated,
• Your driving privileges had been suspended in another state because you refused to take a test to determine if you were driving while intoxicated,
• Within the past 10 years you were previously convicted of driving while intoxicated in New York or another state,
• You caused the death of more than one person,
• You had been previously convicted of vehicular manslaughter, or
• A child who is less than 15 years old was in the car with you and was killed

How We Fight First Degree Vehicular Manslaughter Charges in New York

If you are able to challenge the validity of the chemical test used to prove that you were intoxicated at the time of the accident, then you may have a successful defense against a charge of vehicular manslaughter in the first degree. Various other defenses exist which a strategic and experienced defense lawyer can bring to light during pretrial litigation as well as the trial phase.

Possible Sentencing & Penalties in New York

Because vehicular manslaughter in the first degree is a class C felony, the maximum possible sentence is 15 years in prison and a substantial fine. Furthermore, your driving privileges will be suspended or revoked.

Examples and Related Cases

Jason Goldman previously worked on an appeal of a complex vehicular manslaughter conviction. In this matter, our client was convicted following an incident whereby he was alleged to have been drag-racing another vehicle at a high-rate of speed on a public highway. Despite the fact that our driver was not driving the vehicle which carried the victim (hence, the victim following the high-speed crash was in the other car), our client was still charged with vehicular manslaughter for his role. Critical to this case was analyzing the “black-box” of both vehicles, assessing if drugs or alcohol played a role in the conduct, and comparing witness statements from other drivers on the road that evening. 

As observed, vehicular manslaughter cases involve unique circumstances which require a close eye on details and a creative strategy to gain a dismissal or trial acquittal.

Your Defense Begins Now

Vehicular manslaughter in the first degree charges are often complex matters which require a thoughtful yet novel defense in order to prevail. Our office has previously handled several vehicular manslaughter cases at both a pre-trial and appellate stage. If you are being charged with vehicular manslaughter, please contact The Law Offices of Jason Goldman to consult and discuss your viable defense.