Facing Second Degree Vehicular Manslaughter Charges in New York?

Vehicular Manslaughter in the Second Degree Charges

Under New York Penal Law § 125.12, you will face a charge of vehicular manslaughter in the second degree if you kill another person, and:

• You operate a vehicle while you are legally intoxicated, meaning that your blood alcohol level is at last .08 or driving while your ability is impaired by drugs,
• You operate a vehicle while you are legally intoxicated and the vehicle has flammable gas, radioactive materials or explosives in it, or
• You operate a snowmobile or all-terrain vehicle while intoxicated by drugs or alcohol.

How We Fight Second 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 second degree. For example, there are specific procedures that must be followed to ensure the accuracy of the chemical test.

Possible Sentencing & Penalties in New York

Because vehicular manslaughter in the second degree is a class D felony the maximum possible sentence is 7 years in prison. In addition your driving privileges will be suspended or revoked.

Examples and Related Cases

Our firm has represented several individuals who have been charged with either first degree or second degree vehicular manslaughter. Recently, our lawyers were involved in a case whereby our client was charged with vehicular manslaughter following a deadly crash - one which involved a high rate of speed, reckless driving, and drug use. We were able to convince prosecutors handling the matter that from a legal standpoint, our client’s reckless driving was not the sole cause of the crash, rather, it was due to the reckless behavior of another driver on the road at that time. From a mitigation standpoint, we convinced prosecutors that our client, an individual with a severe drug addiction but without a criminal history, deserved treatment and probation rather than a lengthy jail sentence. Ultimately, our client pled down to a lesser charge and avoided state prison altogether. 

Your Defense Begins Now

Vehicular manslaughter in the second 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.