New York Penal Code 120.04-a: Aggravated Vehicular Assault

New York Penal Code 120.04-a: Aggravated Vehicular Assault

If you are intoxicated, under the New York Penal Code, you will face a vehicular assault charge if you decide to operate a vehicle and injure another person. According to the New York Penal Code, there are three different types of vehicular crimes defined. Aggravated vehicular assault is the most grievous of all three. Under the New York Penal Code 120:04, you are likely to face an aggravated vehicular assault if you recklessly drive while you are under the influence of drugs or alcohol and cause a serious injury to a person, and:

• A 15-year-old child and less was in the vehicle with you and got seriously injured, or
• Your BAC was recoded to be more than .18, or
• You have faced a vehicular manslaughter conviction, or
• Within the past one decade, you faced a conviction for driving under the influence of a drug or alcohol in New York or any other state, or
• You caused a serious physical injury to one or more people, or
• You have your driving privileges suspended in any other state in the United States because of driving under the influence of alcohol or any drug, or
• You had your driving privileges suspended in any other state including New York because you refused to take a medical examination test to determine the level of your drug in the body.

This crime is a class C felony. This is a charge that is similar to the first-degree vehicular assault. For you to face an aggravated vehicular assault charge, the prosecutor must show that you were driving the vehicle recklessly. Under the New York Penal Code 1212, reckless driving is defined by driving a vehicle in a manner that interferes unreasonably with the proper use a highway. It can also be defined as causing unreasonable danger to other road users in a public highway.

Example
A man stops at a local bar to get relaxed after a long walk. He is also seen with a couple of alcohol beers. While he feels a little lightheaded, he makes a decision to drive himself home. He approaches a road sign and looks at both sides. Instead of stopping, he speeds off after slowing down. A woman steps in his way and gets hit by him. She got injured and rushed to the hospital. When the man is examined, she has an alcohol content of above .18 BAC. For this reason, he is likely to face a prosecution for the aggravated vehicular assault charge.

Related offenses
1. Driving under the influence of drugs and alcohol: New York Vehicle and Traffic Law 1192:2
2. Driving while intoxicated: New York Vehicle and Traffic Law 1192:2
3. Second-degree vehicular assault: New York Vehicle and Traffic Law 120:3
4. First-degree vehicular assault: New York Vehicle and Traffic Law 12:04

Defenses
When a chemical test is performed by a law enforcement agent to prove that you are driving under the influence of drugs and alcohol, the test must be conducted to make the results inassimilable. You can use the accuracy of that result to challenge the chemical test. You can also defend yourself about how the test was administered.

Sentence
Because this action belongs to the Class C felony, you are likely to face a 15-year jail sentence in a correctional facility located in your country of residence.

The NYC Criminal Attorneys Law Firm
Injuring someone through reckless driving facilitated by the influence of alcohol or drugs is a serious offense. It attracts a jail term. However, you can challenge this charge through accessing the services of an experienced legal practitioner. The staff at NYC Criminal Attorneys Law Firm has the most experienced legal representatives in New York. Contact us to schedule a free consultation session with an advocate.

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