Trying to navigate the complicated language of legalese can often be a hassle, but it doesn’t have to be. In this post, we’re going to pick apart New York’s penal law in regards to vehicular assault. First off, let’s look at vehicular assault in the second degree.

Vehicular assault in the second degree

Now in order to be guilty of this crime, you have to have caused serious physical injury to someone else and either operate a vehicle in violation of certain subdivisions of the law, or as the result of intoxication because of a drug, or even the combined influence of drugs and alcohol operate this vehicle in a way that causes said serious physical injury to someone else. Another way this charge is applicable is if you operate a vehicle that has a gross vehicle weight rating of more than eighteen thousand pounds, and one that also contains flammable gas, radioactive materials, or even explosives. Also, the aforementioned substances would have to be the cause the serious physical injury, and again, you’d have to be impaired by alcohol when operating the vehicle in a way that causes injury to someone else. Vehicular assault in the second degree is considered a class E felony.

Vehicular assault in the first degree

To be guilty of the same crime, but in the first degree, you’d have to commit vehicular assault in the second degree and either commit this crime while you’re operating a vehicle with a blood alcohol reading of .18, or you’d have to commit the crime while knowing that your livense or privilege of operating a vehicle in another state is either suspended or revoked and this suspension or revocation is based on a conviction in this other state for a crime that would actually be considered to be a violation of certain provisions in the law. Or, lastly, you’d have to have your license or privilege of operating a vehicle in your own state suspended or revoked because you either refused to submit to a chemical test, or else following a conviction for a violation of any of the other provisions in the law. Vehicular assault in the first degree is a class D felony.

Aggravated vehicular assault.

And lastly we have aggravated vehicular assault. Now to be guilty of this crime, you have to engage in reckless driving and commit the actual crime of vehicular assault in the second degree, and either commit this crime while you’re operating a vehicle with a blood alcohol level of .18 or commit this crime while knowing that your license or privilege of operating a vehicle in another state is suspended or revoked, and this suspension or revocation is in fact based on a conviction this other state for a crime that would be considered a violation of certain provisions under the law in that state. Lastly, you’d be considered to have committed this crime if your license or privilege of operating a vehicle in your own state is suspended or revoked, and this suspension or revocation is based either on a refusal to submit to a chemical test, or else following a conviction for a violation of certain provisions under the law. You’d also be guilty of this crime if you caused serious physical injury to more than one other person, or have previously been convicted of actually violating certain provisions in the law that involves operating a vehicle, or if you’ve been convicted in some other state or jurisdiction for a crime that involved the operation of a vehicle that would be considered a violation of certain articles of the law if it was committed in the state of New York. Lastly, you’d be guilty of this crime if you committed it while operating a vehicle while there’s a child of fifteen or younger riding as a passenger in the vehicle, and this caused some serious physical injury to the child. Aggravated vehicular assault is actually considered a class C felony.

At Joseph Potashnik and Associates, PC, you can leave the legalese to us and we’ll focus on taking care of all your legal needs. So get in touch with us today and let your legal problems fall away. It’ll be the best thing you do today.