Vehicular Homicide Charges in New York City: Statutes and Penalties

Vehicular homicide offenses in New York State, including New York City, are prosecuted under Article 125 of the New York Penal Law. These charges address fatalities resulting from the operation of a motor vehicle under circumstances such as intoxication, reckless driving, or other forms of criminal negligence. The severity of the charge and corresponding penalties depend on the specific circumstances of each case.

Vehicular Manslaughter in the Second Degree (PL § 125.12)

This charge applies when a person causes the death of another while operating a motor vehicle under the influence of alcohol or drugs, as defined by Vehicle and Traffic Law § 1192.

• Classification: Class D felony
• Penalties: Up to 7 years in prison, potential fines up to $5,000, and revocation or suspension of driving privileges.  

Vehicular Manslaughter in the First Degree (PL § 125.13)

This more severe charge is applicable when the basic elements of second-degree vehicular manslaughter are present, along with aggravating factors such as:

• A blood alcohol content (BAC) of 0.18% or higher
• A prior conviction for driving while intoxicated (DWI) within the past 10 years
• Operating the vehicle with a suspended or revoked license
• Classification: Class C felony
• Penalties: Up to 15 years in prison and fines up to $15,000.  

Aggravated Vehicular Homicide (PL § 125.14)

This is the most serious vehicular homicide charge and involves causing death while engaging in reckless driving (as defined by Vehicle and Traffic Law § 1212) in conjunction with factors such as:

• Committing vehicular manslaughter in the second degree
• Having a BAC of 0.18% or higher
• Driving with a suspended or revoked license
• Having prior convictions for DWI or vehicular assault 
• Classification: Class B felony
• Penalties: Indeterminate sentence ranging from 1 to 3 years minimum, up to a maximum of 8⅓ to 25 years in prison.  

Additional Consequences

Beyond incarceration and fines, individuals convicted of vehicular homicide offenses may face:

• License Revocation: Mandatory revocation of driving privileges
• Civil Liability: Potential civil lawsuits from victims’ families
• Criminal Record: A felony conviction can impact employment, housing, and other aspects of life.

Legal Considerations

Defending against vehicular homicide charges often involves challenging the prosecution’s evidence, such as the accuracy of chemical tests for intoxication or the determination of reckless driving. Given the complexity and severity of these charges, individuals accused should seek experienced legal counsel to navigate the legal system effectively.

Understanding the distinctions between these charges and their associated penalties is crucial for anyone involved in such cases, whether as a defendant, legal professional, or concerned party. Matthew Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney. If you or a loved one have been accused of a vehicular homicide, you should strongly consider contacting him regarding his legal services.