Attorneys Build a Case for Defense in Vehicular Assault, Manslaughter, Endangerment
It only takes a moment for everything to change forever.
This is especially true when it comes to vehicular crimes. It is rare that a defendant sets out to use a vehicle to harm another person. However, even when injury or death of one or more persons is deemed an accident, the result is no less devastating. New York State takes vehicular crimes very seriously.
Vehicular Crimes in New York State
In NY, a vehicular crime is a violent offense, and almost always charged as a felony. A charge does not always result in a conviction, especially when a qualified attorney that understands the charges is able to mount a strong defense.
A conviction will not only give you a criminal record and land you in prison for a considerable length of time; you could also face a civil suit filed by the injured, or their loved ones.
The first thing you should do when you, or a loved one are arrested for any vehicular crime is to hire an experienced criminal defense lawyer.
What is Vehicular Assault?
Vehicular assault is a crime where a motor vehicle is used as a weapon to cause harm to a person.
What is Vehicular Manslaughter?
Vehicular manslaughter is charged when a motor vehicle is used as a weapon to result in death.
DWI, DWAI, DUI and Vehicular Crimes
A vehicle is essentially any motor-driven mode of transportation; car, truck, motorcycle, snowmobile, boat or other mode of transportation.
Primary offenses under New York State Traffic Law include the driver of a vehicle found to be under the influence of alcohol, drugs or controlled substances, DWI, DWAI, or using mobile communications such as phone calls and texting while driving.
Penalties for Vehicular Crimes in New York State
In NY State, sentencing of a vehicular crime conviction will depend on a variety of factors, including but not limited to; prior arrests or convictions of any felony or DWI/DWAI charges.
Sentencing for a conviction will likely be impacted by predicate (previous) charges and convictions. The possibility of additional charges and potential impact on your life makes hiring an experienced, local criminal defense lawyer incredibly important.
E. Stewart Jones is an award winning law firm comprised of experienced and compassionate lawyers and professional legal staff ready to fight for you in every phase of vehicular charges.
Deciding Whether to Plead Guilty or Not Guilty to Vehicular Assault or Manslaughter
In a vehicular assault case, the prosecution (NY State) must prove that the defendant caused serious bodily injury to another person while operating a motor vehicle in violation of New York Vehicle and Traffic Law Section 1192 (accusing the defendant of operating a vehicle while under the influence of drugs or alcohol, texting or talking on the phone).
In a vehicular manslaughter case, the prosecution (NY State) must prove that either the defendant was operating a motor vehicle in violation of Section 1192 and, as a result, caused the death of another person; or that the defendant otherwise met the requirements of Section 125.12 (accusing the defendant of intoxication and reckless operation of a vehicle, snowmobile or a vehicle weighing an excess of 18,000 pounds transporting hazardous materials). This would include death caused by driver distraction while texting or making phone calls while driving.
An experienced Criminal Defense Attorney will guide you through the plea process, advising you to make the correct statement, and being prepared to mount a strong defense to support that plea.
Our attorneys work very hard to negotiate toward charges being dismissed or reduced to a lesser charge. If a conviction is unavoidable, they will fight to reduce prison time, fines and penalties.
Vehicular assault and manslaughter cases are typically products of lengthy forensic inspections of the vehicle. Now that texting and cellphone conversations that are not hands-free being illegal in the State of New York, it may also be necessary for phone records and inspections of wireless devices to be ordered.
The information collected, and its legal presentation to the court, can have a significant impact on your case. An experienced defense attorney knows the laws of discovery and will work hard to insure the information collected and shared does not exceed the parameters of the law, and will be able to identify flaws or inconsistencies of that data in your defense.
Expert and witness testimony of injury or death of a person can be extremely powerful. A witness can be helpful to the prosecution or the defense. An experienced Criminal Defense Lawyer will have the ability to present a compelling defense that will successfully outline the witness testimony for the judge or jury.
Preserve the Future
With the future on the line, you will want to hire the best attorney you can afford to represent you.
As one of the most respected law firms in New York State, E. Stewart Jones Hacker Murphy Law offers quality legal representation and reasonable fees. Hiring our firm is usually comparable to most other criminal defense lawyers in the region, who may have less criminal defense or court-room experience. When doing your research, make sure to ask questions, get fee quotes and compare everything “apples-to-apples” in the end. You may be surprised to learn that more experience doesn’t always mean more expensive.
Facing Vehicular Assault or Manslaughter Charges? Speak with our attorneys today.
Request a Free Phone Consultation or a confidential in-person meeting with an attorney at one of our convenient Capital Region offices in Albany, Schenectady, Troy or Saratoga Springs, NY.
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