New York Penal Code 120.03: Vehicular assault in the second degree

New York Penal Code 120.03: Vehicular assault in the second degree

Vehicular Assault in the Second Degree is a dangerous Class D Felony. The act of committing this crime and being found guilty of it is enough to warrant an astounding 7 years in prison in addition to a fine not to exceed $5,000 per count. In addition, restitution is sometimes added to the fine and prison sentence for those who are found guilty of this criminal offense. If you’re unsure how to define vehicular assault in the second degree, it’s the act of injuring a person with your vehicle while engaging in the act of driving unlawfully. It’s not a crime with intent, but it’s seriously punishable by the State of New York.

Vehicular Assault in the Second Degree is not intentional. A defendant doesn’t get behind the wheel of their vehicle with the intent on harming another person in their vehicle or as they walk or ride a bike down the side of the road. When it happens, it’s an accident. When an investigation proves the driver of the at-fault vehicle was not following the laws and requirements of the road during their time behind the wheel, however, it becomes more than an accident due to negligence and a lack of proper care. It’s when the accident becomes an act of vehicular assault as a result of negligent or carelessness or recklessness.

Examples of Vehicular Assault in the Second Degree

There are numerous examples of this crime, all horrible accidents. One of the most common examples of vehicular assault in the second degree is when any driver who is under the influence of drugs or alcohol makes the decision to get behind the wheel of his or her car and drive. If that driver hits anyone on their bike, walking, or driving in their own vehicle and injures them, it’s recklessness and negligence that might be charged as vehicular assault.

Drivers who are not paying attention to the road rules are going to be charged with this crime if it can be proven they are guilty of not abiding by the laws in New York State. To be charged with this crime, a driver must be under the influence and must also be guilty of at least one of the following:

– Previously convicted of driving under the influence in the past decade
– Driving with suspended licenses
– Physical injury that’s serious is caused to another person
– A child under 15 was seriously injured while in the car with you
– Your BAC is at least .18 at the time of the accident


There are only two defenses in a case of vehicular assault in the second degree. The first is that the person injured in the accident is not nearly as injured as they say they are. When their injuries are less serious, it’s possible a defendant might be able to avoid charges in this vain. This requires access to the injured party’s medical records and much more. The secondary defense your NYC criminal attorney might choose to use is the validity of your blood alcohol test. It must be foolproof, and the attorney might make a decision to challenge the validity of the results. If there is any question the results are not 100 percent accurate, your attorney might make the decision to challenge.

If it can be proven your BAC level was not accurate or above the legal limit, charges brought against you for vehicular assault in the second degree could be dropped in a court of law. If not dropped, there is always a chance they might be reduced due to the evidence presented in the case.

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