What Are The Penalties For Vehicular Manslaughter In The State Of New York?
Vehicular manslaughter is a serious crime in the state of New York. Vehicular manslaughter is a felony that can be charged when a driver who is impaired or intoxicated by drugs or alcohol causes the death of another person. Killing another person while driving recklessly, texting and driving, or racing other drivers could all additionally lead to charges of vehicular manslaughter. Being convicted of the crime of vehicular manslaughter could have devastating consequences for your freedom and your future. As such, anyone charged with the crime of vehicular manslaughter will want to engage the assistance of an experienced New York criminal defense attorney.
Second Degree Vehicular Manslaughter
There are multiple levels of vehicular manslaughter charges, which vary greatly in severity. Second-degree vehicular manslaughter is the least serious form of vehicular manslaughter. To secure a conviction for this crime, a prosecutor must prove that an intoxicated driver of a car, motorcycle, truck, or boat killed another person as a result of the intoxication. The driver must be intoxicated to the extent that he or she could be charged with a DWI. Critically, it is not sufficient that the prosecutor simply proves that the defendant was drunk and someone died. There must be a link between the actions of the defendant and the death.
First Degree Vehicular Manslaughter
A charge of second degree manslaughter will be elevated to one of first degree manslaughter when the driver has a blood alcohol content of over .18 percent, was driving on a suspended license due to a DUI, has a prior DUI within the past ten years, caused the death of more than one person, or caused the death of someone under the age of 15.
Penalties For Vehicular Manslaughter
A second-degree manslaughter charge could result in a penalty of up to seven years in prison, along with a fine of up to $5,000. First-degree manslaughter charges could result in up to 15 years in prison and similar fines. In addition to prison time and fees, a felony conviction will remain on your permanent criminal record, potentially harming your ability to gain employment. Contact a criminal defense lawyer to get started defending against your criminal charge today.