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New York Penal Code § 120.03: Vehicular Assault in the Second Degree

Last Updated on: 8th February 2025, 11:24 pm

VEHICULAR ASSAULT IN NEW YORK

NYC CRIMINAL ATTORNEYS

If you’ve been charged under New York Penal Code § 120.03, known as Vehicular Assault in the Second Degree, then you’re facing serious legal consequences—and you deserve serious legal representation.

SPODEK LAW GROUP NYC CRIMINAL DEFENSE LAWYERS OVER 50 YEARS OF COMBINED EXPERIENCE

What Is Vehicular Assault in the Second Degree?
Vehicular Assault in the Second Degree is essentially when someone, operating a motor vehicle under certain aggravating conditions—often under the influence of drugs or alcohol—causes injury to another person.
Regardless of whether the injuries seem minor.
Regardless of the substance level on your blood test.
Regardless of how “unintentional” the incident might feel.

This is a felony offense in New York, which means potential prison time, steep fines, and a criminal record that can derail your life. Our NYC criminal attorneys at Spodek Law Group are here to walk you through it all.

THE CHARGE TOUGH, BUT NOT IMPOSSIBLE TO BEAT

Key Elements of Vehicular Assault in the Second Degree

  • Operation of a Motor Vehicle While Intoxicated or Impaired
    The driver was allegedly under the influence of alcohol, drugs, or both.
  • Serious Physical Injury to Another
    “Serious” typically means life-threatening injury or one causing significant disfigurement or loss of function.
  • Causal Connection
    The prosecution must show your driving caused the injuries.

We’ve seen countless situations where flawed breathalyzer results, improperly administered sobriety tests, or inaccurate accident reconstructions compromised the state’s entire case.

WHY HIRE SPODEK LAW GROUP

We understand how panic-inducing these charges can be. We also understand that every detail matters.

We Investigate. We Defend. We Help You Win.

Our Approach

  1. Evidence Review: We examine police reports, dash-cam or body-cam footage, and witness statements.
  2. Expert Analysis: We partner with accident reconstruction experts, toxicologists, and private investigators to dissect the prosecution’s narrative.
  3. Strategic Defense: We challenge each element of the state’s case, from questioning the reliability of chemical tests to highlighting any procedural errors during your arrest.

STEP-BY-STEP HOW THE PROCESS WORKS

Step 1: Risk-Free Consultation
We offer a 24/7 consultation—because time is of the essence in these cases.

Step 2: Investigation
Our team, led by second-generation attorney Todd Spodek, works with you to gather all documents and evidence.

Step 3: Pre-Trial Motions
We file motions to suppress illegally obtained evidence. Our aim is to weaken the prosecutor’s position and open the door for dismissal or charge reduction.

Step 4: Negotiation or Trial
Sometimes, an advantageous plea bargain is your best outcome. Other times, we fight at trial. Either way, we’re with you every step of the way.

REGARDLESS OF THE COURTROOM REGARDLESS OF THE PROSECUTOR REGARDLESS OF THE COMPLEXITY

We are Spodek Law Group, and we’ve been featured on major media networks, including FOX, the New York Post, and Netflix docuseries. High-profile representation is our specialty. If you’re facing a felony vehicular assault charge, we are here to protect you.

WE CAN HELP YOU NATIONWIDE CLIENTS, TOP RESULTS

Short, scannable paragraphs are our style because we value your time—and we know you need answers quickly. Our NYC criminal lawyers combine over 50 years of experience defending against some of the toughest criminal allegations in New York and across the U.S.

CASE HIGHLIGHTS EXPERIENCED DEDICATED

We have represented clients accused of violent crimes, white collar fraud, federal offenses, and more. If you’ve followed the Ghislaine Maxwell trial or the Anna Sorokin “fake heiress” case, you know our attorneys have been in the thick of it, providing strategic counsel when it counts.

ANYWAY, HERE’S THE BOTTOM LINE

Vehicular Assault in the Second Degree is a serious allegation that can change your life overnight. Don’t face it alone. Our team at Spodek Law Group stands ready to hear your story, gather the facts, and create a powerful defense.

CALL US TODAY WE’RE AVAILABLE 24/7 (XXX) XXX-XXXX

Frequently Asked Questions

1. What if I wasn’t drunk but had prescription medication in my system?
Vehicular Assault in the Second Degree can apply if you’re impaired by any substance, legal or otherwise. We’ll investigate how those substances were tested and if your impairment truly caused the accident.

2. Can charges be reduced or dismissed?
Yes, if we can poke holes in the state’s evidence or demonstrate your level of impairment did not cause the crash, charges may be reduced—or even dismissed.

3. How long will this process take?
It depends on the complexity of your case. We move quickly to protect your rights and minimize disruption to your life.

CONTACT US LET’S FIGHT THIS TOGETHER


Disclaimer

© Copyright 2025 – Spodek Law Group. No recipient of content from this site, client or otherwise, should act or refrain from acting based on any content included here without seeking professional legal advice from an attorney licensed in the recipient’s jurisdiction. This article contains general information and may not reflect current legal developments. Spodek Law Group disclaims all liability for actions taken or not taken based on any or all contents of this article. Communication through this site or via Internet email does not create an attorney-client relationship. Each case is unique; past results do not guarantee future outcomes. If you need legal assistance, please contact our office directly to arrange for a formal consultation.

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Todd Spodek

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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