Vehicular Assault in the Second Degree

What the prosecutor must prove

• With criminal negligence, the accused caused serious physical injury to another person.
• The injury was caused by operating a vehicle (or vessel, etc.) in violation of VTL 1192(2), (2-a), (3), (4) or (4-a).
• As a result of the intoxication or impairment, the accused operated in a manner that caused the injury.

Defenses that commonly apply

• Whether the injury legally qualifies as "serious physical injury."
• Challenging the testing and whether impairment caused the crash.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class E Felony carries a maximum sentence of up to 4 years in state prison and a fine of up to Up to $5,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.