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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

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Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

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New York Penal Code 120 03 Vehicular Assault Second Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: October 15, 2023)

Last Updated on: 15th October 2023, 01:15 pm

New York Penal Code 120.03 Vehicular Assault Second Degree

Vehicular assault in the second degree is a serious charge in New York that can completely change someone’s life. Let’s break it down in simple terms so you can understand exactly what it means.

The Basics

New York Penal Code 120.03 says you can be charged with vehicular assault in the second degree if while driving under the influence of alcohol or drugs, you seriously injure someone else.

It’s a felony charge, meaning it’s more serious than a regular misdemeanor. If convicted, you face up to 4 years in prison and fines up to $5,000. Your license will also be suspended or revoked.

What Qualifies as Vehicular Assault 2nd Degree?

There’s a couple ways you can end up facing this charge:

  • You were driving with a blood alcohol level of .08% or more and caused a serious injury
  • You were impaired by drugs or a combo of drugs and alcohol and caused a serious injury
  • You were driving a vehicle over 18,000 lbs with hazardous materials and caused injury
  • You were driving a snowmobile or ATV while impaired and caused injury

“Serious injury” means things like broken bones, concussions, injuries that need surgery. Stuff that causes “substantial risk of death” or long recovery.

So basically if you hurt someone badly while driving drunk or high, you’re looking at vehicular assault charges.

What Happens If You’re Charged?

Like any felony, this is real serious business. Expect to be arrested, fingerprinted, photographed. You’ll have to post bail to get released until your court dates.

Your license will be immediately suspended pending prosecution. You’ll have to find an attorney to start building your defense. Expect to make lots of court appearances.

There’s a good chance you’ll also face additional DUI charges for driving drunk or drugged. Those can add up to more fines and license suspension.

Possible Defenses

There’s a few ways your attorney can fight the charges:

  • Challenge the evidence of intoxication or impairment
  • Argue you weren’t actually “operating” the vehicle
  • Claim your rights were violated during investigation
  • Contest the severity of the victim’s injuries

If there are holes in the prosecutor’s case, you may be able to get the charges reduced or even dismissed. An experienced DUI defense lawyer will know how to negotiate or win at trial.

Bottom Line

Vehicular assault 2nd degree is extremely serious. You need to take it seriously too. Hire a lawyer right away and listen to their advice for building your defense.

These cases can get highly complex with chemical tests and medical reports to analyze. But an aggressive defense attorney can win – it comes down to the strength of the evidence and the facts of your specific case.

Don’t wait to act if you’ve been charged with VC 120.03. Your future depends on beating these allegations. Take it seriously and fight back with experienced legal help on your side.

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