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Vehicular Homicides

Allegations involving the death of someone in a motor vehicle accident can carry serious, life-long repercussions and are often faced by law-abiding citizens with little or no experience with the criminal court system.
The first thing to know is that you will not talk your way out of trouble. Police and investigators, regardless of what they say or how they act, are focused solely on gathering evidence of your guilt. You have the right to remain silent: Exercise it. Your first and only consultation should be with a criminal defense lawyer, who is experienced with fatal vehicular cases.” (We took out “New York City” because we didn’t want to be too limited. Please advise is if this will impact SEO, in which case we want to change it to New York City, New York State and New Jersey, inclusive).

Deaths associated with motor vehicle collisions can be charged a number of ways under New York and New Jersey state laws. Only an attorney experienced with fatal vehicular cases will know if the situation is charged properly.

  • Vehicular manslaughter in the first degree: Causing the death of another while breaking traffic laws while driving under the influence or with a revoked or suspended license. Class C felony carrying a penalty of 5 to 15 years in prison.
  • Vehicular manslaughter of the 2nd degree: Causing the death of another while breaking traffic laws. Class D felony carrying a penalty of 2.3 to 7 years in prison.
  • Aggravated vehicular homicide: Causing a death while driving recklessly, or under circumstances of vehicular manslaughter of the 2nd degree, with aggravating circumstances that include a BAC of .018 or higher, while driving with a suspended or revoke license or refusing to submit to blood-alcohol testing, or causing the death of more than one person, or while traveling with a passenger who is 15 or younger, or with a previous conviction of vehicular manslaughter. Class B felony carrying a penalty of 8.3 to 15 years in prison.
First, we would note that previous convictions for serious traffic violations can significantly increase the penalties for conviction of charges related to causing death during a motor-vehicle accident. This is one of many reasons experienced New York City defense lawyers always advise clients to fight traffic charges in court.
From a legal perspective, there are also substantial differences in potential penalties, depending on how a defendant is charged in the wake of a traffic death. Overcharging is common. Prosecutors are looking to scare inexperienced defendants into plea "deals" by lowering charges they may never have been able to prove in court. Early consultation with an experienced New York City criminal defense attorney is essential. Prosecutors must prove each and every element of a charge in order for a defendant to be convicted. When they fail, a significant reduction, or dismissal, is warranted. Your chosen defense lawyer must have a proven track record of success in taking cases to trial and must work at each stage of the legal process to seek dismissal or suppression of evidence, along with dismissal or reduction or the charges. Only then will you be in the best position to obtain the best outcome possible in your case.
As a former supervisory assistant district attorney, Jacob Uriel spent 14 years prosecuting sex crimes, major narcotic cases, presenting cases to the grand jury, and as a prosecutor in the felony trial and vehicular crimes bureaus. Today, he uses his experience as a prosecutor to focus his practice exclusively on criminal defense throughout the metro area, including misdemeanors, felonies, homicides, sex crimes, domestic violence, drug charges, property crimes and DWI defense.
At Uriel Criminal Defense PC, we believe anyone facing criminal charges deserves immediate access to an experienced New York City criminal defense attorney and we represent clients throughout New York City and the surrounding areas, including the boroughs of Manhattan, Staten Island, Queens, the Bronx and Brooklyn. We are available 24 hours a day, 7 days a week for a free and confidential consultation to discuss your rights. Call (833) 733-4448.
Attorney advertising. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Practice is limited to the states of New York and New Jersey and the Southern/Eastern Districts of the Federal Court in New York.

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