Carmel Vehicular Homicide Lawyer

Defending Clients from Vehicular Manslaughter Charges in New York

Vehicular homicide typically involves the unlawful killing of another person as a result of negligent or reckless driving. In New York State, this can encompass a range of scenarios, including reckless driving, DUI and distracted driving.

Request your free consultation with our proven vehicular manslaughter lawyer in Carmel, NY by calling (845) 584-7033 or contacting us online today! 

Understanding Vehicular Manslaughter in New York

Vehicular manslaughter in New York is classified into two main categories:

• Vehicular Manslaughter in the Second Degree: This charge is typically applied when a driver causes the death of another person due to reckless driving, driving under the influence of drugs or alcohol, or engaging in other negligent behavior while operating a vehicle.
• Vehicular Manslaughter in the First Degree: This more serious charge occurs when a driver has a prior conviction for driving while intoxicated or if the act of driving was particularly reckless or egregious.

Key Elements of the Charge

To secure a conviction for vehicular manslaughter, the prosecution must prove several key elements:

• Causation: The defendant's actions must be directly linked to the death of the victim.
• Negligence or Recklessness: The defendant's conduct must be proven to be negligent or reckless, which can include speeding, driving under the influence, or ignoring traffic laws.
• Mental State: In first-degree cases, the prosecution must also establish that the defendant acted with a depraved indifference to human life.

What Is the Sentence for Vehicular Manslaughter in New York?

A conviction for 1st-degree manslaughter/homicide is a Class C felony carrying a minimum of 1 year and a maximum of 15 years in prison with fines up to $15,000.

First-degree vehicular homicide involves the following:

• a BAC of .018% or higher
• driving with an invalid license
• previous convictions for DWI within the last 10 years
• charged with a minor 15 or younger
• previous convictions of vehicular assault/homicide/manslaughter

An individual may be charged with 2nd-degree vehicular homicide when the person is intoxicated or impaired and motor vehicle violations result in the death of another person. It must be proven that intoxication was a cause of the accident that led to a fatality. This charge is a Class D felony carrying up to seven years and a maximum fine of $5,000.

Additionally, a conviction will usually result in the suspension of your driving privileges, complicating daily life and employment. Also, you may face civil lawsuits from the victim’s family, leading to further financial repercussions.

Take the first step in your defense. Call (845) 584-7033 or contact us online to request your free consultation with our trusted Carmel vehicular homicide lawyer.

Building a Defense Against Vehicular Manslaughter Charges

A strong defense against vehicular manslaughter charges is crucial. Several strategies can be employed, depending on the specifics of your case:

• Challenging Negligence: Demonstrating that you were not negligent is one of the most common defenses. Evidence may show that you were following traffic laws and exercising due care, thus negating claims of recklessness.
• Lack of Intent: Proving that you did not have any intent to harm the victim can also be a crucial defense. This may involve showing that the incident was an unfortunate accident rather than a result of malicious behavior.
• Mechanical Failure: If the vehicle experienced a sudden mechanical failure that contributed to the accident, this can serve as a defense. Evidence of poor maintenance or defects can help establish that you were not at fault.
• External Factors: External factors, such as weather conditions or other drivers’ actions, may have played a significant role in the incident. Demonstrating that these elements contributed to the accident can aid in your defense.
• Error in Law Enforcement Procedure: If law enforcement made mistakes during the investigation—such as improperly collecting evidence or violating your rights—this could be grounds for challenging the validity of the charges against you.

What Is Aggravated Vehicular Homicide In New York?

An individual may be charged with aggravated vehicular homicide if they commit vehicular manslaughter, were engaging in reckless driving, and had one other aggravating circumstance.

Aggravating circumstances include a BAC of .18% or higher, driving with a suspended or revoked license, a previous conviction for driving under the influence of alcohol, drugs, or both, a prior conviction for vehicular manslaughter, vehicular assault, or vehicular homicide, causing the death of more than one person, causing one death and one or more serious injuries or has a passenger in the vehicle that is age 15 or younger.

Aggravated vehicular homicide is a Class B felony. Upon conviction, a driver may face up to 25 years in prison as well as a maximum $30,000 fine.

Do Not Face Your Vehicular Homicide Charges Alone - Call Us

The penalties for vehicular homicide in New York are serious and may include imprisonment of up to 25 years and large fines, depending on the severity of the charges. The Law Office of Keith R. Murphy boasts a dedicated Carmel vehicular homicide attorney with experience representing clients facing serious charges. Do not plead guilty without discussing your options.

Vehicular homicide/manslaughter is a car accident resulting in the death of another, particularly when alcohol or drugs are involved. If you or a loved one is facing these serious charges, you should immediately reach out to The Law Office of Keith R. Murphy. Our Carmel vehicular homicide lawyer is here to discuss your options and protect your rights.

Put extensive legal experience in DWI law to work for you. Call (845) 584-7033 to schedule a free consultation with our team.