Vehicle Assault in the Second Degree is a serious criminal offense.
Second Degree Vehicular Assault is a class E felony, and a Rochester driver convicted of this crime will not only have a permanent criminal record but faces substantial penalties at sentencing.
A first time offender who is convicted of Vehicular Assault in the Second Degree may be sentenced to a term of incarceration in a New York State prison of up to 4 years.
As an alternative to incarceration, the court may impose a sentence of probation of up to five years.
It is also possible for the court to impose a sentence combining incarceration and probation so long as the jail sentence is less than six months.
In place of or in addition to any jail sentence, the court may also order the defendant to pay a fine of up to $5,000.
In addition to the fine, there also will be a mandatory surcharge of $300, a Crime Victim Assistance fee of $25, and a DNA fee of $50.
A driver convicted of this crime also will have his or her driver’s license revoked for a minimum period of six months.
A defendant convicted of Vehicular Assault in the Second Degree is not eligible for a conditional license to drive for work or school.
Upon reinstatement of his or her driver’s license, the defendant may be required to have an ignition interlock device installed on any vehicle he or she drives.
A driver arrested for Vehicular Assault in the Second Degree faces serious consequences.
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