Last Updated on: 26th July 2023, 08:56 pm

Understanding Aggravated and Vehicular Manslaughter Charges in New York

Aggravated and Vehicular Manslaughter Charges in New York

In New York, state prosecutors pursue Aggravated and Vehicular Manslaughter charges when the death of another person is caused by the use of a motor vehicle. There are three different charges that fall under Aggravated and Vehicular Manslaughter:

• Aggravated Vehicular Homicide (PL 125.14)
• Vehicular Manslaughter in the First Degree (PL 125.13)
• Vehicular Manslaughter in the Second Degree (PL 125.12)

While New York Aggravated Vehicular Homicide is the most serious of these charges, New York Vehicular Manslaughter in the Second Degree is the least serious. However, all of these charges are considered felonies and can result in significant jail time.

New York Vehicular Manslaughter in the Second Degree

New York Vehicular Manslaughter in the Second Degree is codified in New York Penal Law Section 125.12. According to this law, a person is guilty of Vehicular Manslaughter in the Second Degree when they cause the death of another person and:

• Operate a motor vehicle, vessel, or public vessel in violation of Vehicle and Traffic Law Section 1192.2(2), 1192.2(3), 1192.2(4), or 1192.2(4-a), OR operate a vessel or public vessel in violation of Section 49-a of the Navigation Law AND as a result of intoxication or drug use, or the combined influence of drugs or alcohol and any drug or drugs, operate the motor vehicle, vessel, or public vessel in a way that causes the death of the other person, OR
• Operate a motor vehicle with a gross vehicle weight rating of more than 18,000 pounds that contains flammable gas, radioactive materials, or explosives in violation of Vehicle and Traffic Law Section 1192.1, and the flammable gas, radioactive materials, or explosives is the cause of the death, and as a result of alcohol use, operate the motor vehicle in a way that causes the death of the other person, OR
• Operate a snowmobile in violation of paragraph (b), (c), or (d) of subdivision one of section 25.24 of the Parks, Recreation and Historic Preservation Law OR operate an all-terrain vehicle in violation of Vehicle and Traffic Law Section 1192(2), 1192(3), 1192(4), or 1192(4-a) AND as a result of intoxication or drug use, or the combined influence of drugs or alcohol and any drug or drugs, operate the snowmobile or all-terrain vehicle in a way that causes the death of the other person.

Legal Presumption Applicable to New York Vehicular Manslaughter Charges

Importantly, there is a legal presumption that applies to New York Vehicular Manslaughter charges. The presumption is that if it is established that a person was operating the motor vehicle, vessel, or ATV while unlawfully intoxicated or impaired by alcohol or drugs, then the person operated the vehicle in a way that caused the death. However, it is important to note that this presumption can be rebutted by the defense presenting evidence to overcome it.

At Spodek Law Group, our attorney Todd Spodek has a deep understanding of Aggravated and Vehicular Manslaughter charges and can provide the legal support you need. If you or someone you know is facing Aggravated or Vehicular Manslaughter charges in New York, contact

Sentencing and Penalties for New York Vehicular Manslaughter in the Second Degree

New York Vehicular Manslaughter in the Second Degree is a serious offense that can lead to severe punishments for the offender. It is a Class “D” Non-Violent Felony, and the offender can be subjected to any of the following sentences:

An indeterminate sentence that can last up to 2 1/3 to 7 years on probation
A determinate sentence of one year
A split sentence where the offender serves up to six months in jail, and the rest of the time on probation
Probation, but only if the court finds mitigating circumstances.

New York Vehicular Manslaughter in the First Degree

New York Vehicular Manslaughter in the First Degree is an even more severe offense, and the penalties for it can be more severe than those for Vehicular Manslaughter in the Second Degree. It is codified in Penal Law Section 125.13, and an individual is charged with this offense when they commit the crime of Vehicular Manslaughter in the Second Degree, and there is an additional aggravating element.

Additional Aggravating Elements

The additional aggravating elements that can elevate Manslaughter in the Second Degree to Manslaughter in the First Degree are:

Committing the crime while operating a motor vehicle with .18 blood alcohol content.
Committing the crime while knowing or having reason to know that their license is suspended or revoked.
Having a previous conviction for violating Vehicle and Traffic Law Section 1192.
Causing the death of more than one person.
Having previously been convicted of Vehicular Manslaughter in the First or Second Degree, or Aggravated Vehicular Manslaughter.
Committing the crime while operating a motor vehicle while a child who is 15 years of age or less is a passenger in a motor vehicle and causes the death of such child.

Legal Presumption Applicable to Vehicular Manslaughter in the First Degree

The charge of Vehicular Manslaughter in the First Degree has a legal presumption that can be rebuttable. If it is established that the person operating a motor vehicle caused a death or deaths while intoxicated or impaired by drugs or alcohol, or a combination of both, it is presumed that the person operated the motor vehicle in a way that caused death or deaths. However, this presumption can be overcome if the defense presents evidence to refute it.

Sentencing and Penalties for Vehicular Manslaughter in the First Degree

Vehicular Manslaughter in the First Degree is a Class “C” Felony under New York law, and the penalties for this offense can be severe. An individual convicted of this crime can face:

A maximum indeterminate sentence up to 5 to 15 years in prison
A minimum indeterminate sentence up to 1 to 3 years in prison.

Aggravated Vehicular Homicide

Aggravated Vehicular Homicide is the most severe vehicular charge that an individual can face. It is codified in New York Penal Law Section 125.14, and an individual is charged with this offense when they engage in reckless driving as defined in Vehicle and Traffic Law Section 1212, and they commit the crime of Vehicular Manslaughter in the Second Degree, and one of the following aggravating elements is present.