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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.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

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.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

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New York Vehicular Assault

By Spodek Law Group | October 18, 2023
(Last Updated On: October 19, 2023)

Last Updated on: 19th October 2023, 02:20 pm

New York Vehicular Assault: An Overview for the Average Person

Vehicular assault in New York refers to causing serious physical injury to another person with a vehicle while driving impaired by alcohol or drugs. There are three main offenses:

Vehicular Assault in the Second Degree

This is the least serious vehicular assault offense. It happens when you hurt someone badly while driving drunk or high. For example, if you crash into another car and seriously injure the driver while you have a blood alcohol level of .08%, you could be charged with this. It’s a Class E felony with up to 4 years in prison[1].

Vehicular Assault in the First Degree

This is more serious. It’s when you:

  • Have a blood alcohol level of .18% or higher[2]
  • Injure more than one person[2]
  • Have a prior DWI conviction within the past 10 years[2]
  • Drive with a suspended license from a prior DWI[2]
  • Injure a child under 15 who is a passenger[2]

It’s a Class D felony with up to 7 years in prison[1].

Aggravated Vehicular Assault

This is the most serious vehicular assault charge. It happens if you drive recklessly and commit vehicular assault in the second degree while[3]:

  • Having a blood alcohol level of .18% or higher
  • Injuring more than one person
  • Having a prior DWI conviction
  • Driving with a suspended license from a prior DWI
  • Injuring a child passenger under 15

It’s a Class C felony with up to 15 years in prison[1].

How Does the Prosecution Prove Vehicular Assault?

For any vehicular assault charge, the prosecution must prove[4]:

  • You were operating a vehicle
  • You were legally intoxicated by alcohol or drugs
  • You caused serious physical injury to another person
    • This means an injury creating a substantial risk of death or long-term impairment

They don’t need chemical test evidence – circumstantial evidence of intoxication is enough.

What Are Some Common Defenses?

There are defenses that could get the charges reduced or dismissed[4]. Some examples:

  • Your driving ability wasn’t actually impaired
  • You weren’t actually “operating” the vehicle
  • There was an issue with how evidence was collected
  • The injury doesn’t qualify as “serious”

An experienced DWI lawyer can evaluate whether any defenses apply in your specific case.

What Are the Penalties If Convicted?

  • Second Degree – Up to 4 years in prison and a $5,000 fine[4]
  • First Degree – Up to 7 years in prison and a $5,000 fine[4]
  • Aggravated – Up to 15 years in prison and a $5,000 fine[4]

You will also face license suspension and other DWI penalties.


Vehicular assault charges are very serious. The penalties can be severe and it can profoundly impact your life. If you’ve been charged, don’t delay in contacting an experienced criminal defense lawyer. A skilled attorney may be able to negotiate a plea deal or build a strong defense to the charges. The sooner you act, the better.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

~A G

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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