Vehicular Assault Attorney in Westchester County

Former Prosecutors Prepare Your Vehicular Assault Defense for Trial

A vehicular assault case can turn on far more than whether a collision occurred. Prosecutors must establish the alleged impairment or prohibited driving conduct, connect that conduct to the crash, and show that another person sustained a serious physical injury as New York law defines that term.

At Portale Randazzo LLP, we prepare these cases for trial from day one. Our former-prosecutor perspective allows us to anticipate how the government may build its case while protecting your rights throughout the investigation and prosecution.

New York Vehicular Assault Charges in Westchester County

New York recognizes several levels of vehicular assault, each with distinct elements and felony classifications. The applicable charge depends on the facts the prosecution can prove, not simply the severity of the crash.

The primary offenses include:

• Vehicular Assault in the Second Degree: New York Penal Law § 120.03 defines this offense and classifies it as a class E felony when its statutory elements are established.
• Vehicular Assault in the First Degree: New York Penal Law § 120.04 makes the offense a class D felony when second-degree vehicular assault is accompanied by a specified aggravating circumstance.
• Aggravated Vehicular Assault: New York Penal Law § 120.04-a addresses allegations involving reckless driving and specified aggravating circumstances.

The charge may depend on the alleged blood alcohol concentration, prior qualifying convictions, license status, manner of driving, and number or age of the people injured. Related accusations can include driving while intoxicated, reckless driving, leaving the scene, or license-related offenses, although these charges aren’t present in every case.

Over 150 Years of Experience Informs Our Trial Preparation

At Portale Randazzo LLP, we bring more than 150 years of combined legal and trial experience in state and federal courts. Richard Portale began his legal career in the Westchester County District Attorney’s Office. James Randazzo served there as an Assistant District Attorney from 1989 through 1995 and tried more than 30 cases to verdict.

This experience informs how we evaluate charging decisions, anticipated testimony, documentary evidence, and the prosecution’s theory of causation. Our vehicular assault attorneys gather supporting evidence, build a criminal defense strategy around the available facts, and prepare to present that strategy in court.

What We Examine in a Vehicular Assault Investigation

An effective defense investigation separates assumptions from provable facts. Depending on the circumstances, we may examine the collision, alleged impairment, medical documentation, police procedures, and evidence connecting the driving conduct to the claimed injury.

Important areas of review may include:

• Crash evidence: Roadway conditions, visibility, vehicle damage, electronic data, witness accounts, and accident reconstruction findings.
• Impairment evidence: Chemical test records, field sobriety evidence, body-camera footage, dash-camera footage, and the timing of testing.
• Injury evidence: Medical records and other documentation relevant to whether the injury meets the statutory threshold.
• Constitutional issues: Whether traffic stops, searches, statements, evidence collection, and other police procedures complied with the law.
• Charging issues: Whether the available evidence supports the degree of the offense alleged.

We explain the accusation, review the available evidence, and discuss the decisions that may arise as the case proceeds. You’ll have the opportunity to ask questions and consider your options before deciding how to move forward.

Discuss Your Vehicular Assault Charge With Our Defense Team

Our former-prosecutor perspective and trial-first preparation allow us to evaluate the government’s evidence while protecting your rights at every stage. We offer confidential in-office and virtual consultations, are available 24/7, and assist in English and Spanish.

When contacting our vehicular assault attorneys in Westchester County, be prepared to share your arrest or court status, the alleged crash circumstances and injuries, and any appearance tickets, charging papers, or other documents you received.