New York criminal charge
Vehicular assault in the second degree in New York
Vehicular assault in the second degree is a Class E Felony under New York criminal law, defined by N.Y. Penal Law § 120.03. As a Class E Felony, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).
Defined by N.Y. Penal Law § 120.03.
What is the penalty for vehicular assault in the second degree in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 4 years (authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 1½–4 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
Applies to current.
Common questions about vehicular assault in the second degree in New York
What class of felony is vehicular assault in the second degree in New York?
What are the penalties for vehicular assault in the second degree in New York?
As a Class E Felony, vehicular assault in the second degree carries up to 4 years (the maximum authorized for the class) of incarceration and a fine of up to $5,000 (the maximum authorized for the class) under N.Y. Penal Law § 70.00 (current).
Which New York statute covers vehicular assault in the second degree?
Vehicular assault in the second degree is governed by N.Y. Penal Law § 120.03 (Vehicular assault in the second degree).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.