Back to Practice Area: Criminal Defense

Vehicular Crimes

A single moment can change everything—especially when it involves vehicular crimes, which can be classified as vehicular assault, vehicular homicide, or manslaughter. Although often accidental, these charges carry devastating consequences. New York state prosecutes vehicular crimes aggressively, treating them as violent offenses and, in most cases, charging them as felonies.

If you or a loved one are facing charges related to vehicular crime, the first and most crucial step is hiring an experienced criminal defense attorney. A strong legal defense can significantly influence the outcome of your case.

Vehicular Crimes Explained

Vehicular assault is when the operator uses a motor vehicle as a weapon to cause harm to another person. When that motor vehicle results in death, it is vehicular manslaughter.

It is important to note that a “vehicle” involved can include a car, truck, motorcycle, snowmobile, boat, or any motorized transportation. Charges often stem from offenses such as Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI), or using a mobile device while driving, including texting or phone calls.

The Burden of Proof

Convictions for vehicular crimes can lead to significant prison time, steep fines, and a permanent criminal record. But the burden of proof is on the prosecution:

  • In vehicular assault cases, the prosecution must prove the defendant caused serious bodily harm while operating a vehicle in violation of New York Vehicle and Traffic Law Section 1192 (e.g., driving under the influence, texting, or talking on the phone).
  • For vehicular manslaughter cases, the prosecution must demonstrate either a violation of Section 1192 that resulted in a fatality under Section 125.12, or intoxicated operation of a large vehicle transporting hazardous materials.

Building a Strong Defense

Our goal is to improve the outcome for our clients by reducing charges and minimizing penalties. We do this by building a strong case from:

  1. The Discovery Process
    Vehicular assault and manslaughter cases often rely on extensive forensic inspections of vehicles, analysis of phone records or wireless devices, especially for texting or hands-free violations, and body camera footage taken during the investigation. An experienced attorney will ensure the evidence collection and presentation comply with legal standards and will challenge any inconsistencies.
  2. Witness Testimony
    Expert and eyewitness accounts can significantly impact the case. A skilled criminal defense lawyer will craft a compelling narrative that leverages testimony to support the defense.
  3. Negotiation and Plea Guidance
    Whether negotiating a plea deal or preparing for trial, an experienced attorney ensures the defendant understands their options, guiding them toward the best possible outcome.

At Hacker Murphy, we combine our extensive courtroom experience with compassionate representation to provide unmatched legal support. We offer high-quality legal services at competitive rates, ensuring clients receive the best possible defense without overpaying. Contact us today to schedule a free and confidential consultation, and we will protect your rights and build a strong defense.