Vehicular Assault Attorney in Rochester
Looking for Guidance After a Vehicular Assault Charge?
When you face a vehicular assault allegation in Rochester, you need clear answers and a defense approach that fits your unique situation. At Christopher K. Rodeman Attorney at Law, I draw on 25 years of courtroom experience and the valuable perspective of a former prosecutor. My experience allows me to help you navigate these serious charges and work toward the strongest possible result.
Every vehicular assault case involves specific facts and legal challenges. Law enforcement in Monroe County aggressively pursues these cases, especially if someone suffered injuries. My deep understanding of local procedures and relationships with area courts allows me to guide you through each step, answer your questions, and keep you informed from start to finish.
Secure a Rochester vehicular assault lawyer with over 25 years of experience to challenge the DWI and injury elements. Schedule your consultation by calling (585) 928-4193 or reaching out online now. I offer 24/7 availability for emergency calls.
Understanding New York’s Vehicular Assault Laws
New York Penal Law categorizes Vehicular Assault into degrees based on the severity of the intoxication and the presence of aggravating factors. All degrees are classified as serious felonies.
Vehicular Assault in the Second Degree (PL §120.03):
- Definition: Causing serious physical injury to another person while operating a motor vehicle in violation of basic DWI (≥0.08% BAC or intoxication) or DWAI-Drug laws.
- Felony Classification: Class E Felony.
- Maximum Penalty: Up to four years in state prison.
Vehicular Assault in the First Degree (PL §120.04):
- Definition: Committing Second Degree Vehicular Assault PLUS an aggravating factor, such as:
- Having an Aggravated DWI level BAC of 0.18% or more.
- Having a prior DWI conviction within the preceding ten years.
- Causing serious physical injury to more than one person.
- Felony Classification: Class D Felony.
- Maximum Penalty: Up to seven years in state prison.
Aggravated Vehicular Assault (PL §120.04−a):
- Definition: Committing Vehicular Assault in the Second Degree PLUS both a high BAC (≥0.18%) and reckless driving.
- Felony Classification: Class C Felony.
- Maximum Penalty: Up to 15 years in state prison.
Testimonials
Helping Clients Move Forward
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“Mr. Rodeman was able to get us the plea deal we needed from a difficult judge. He was honest and up front about the difficulties we could face, but prevailed to help us resolve our issue.”- Ray
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“Chris is down to earth, caring and understanding about the situation. He is very likeable and very well connected and never stops working for you until completion. Things turned out very favorable for us and we are grateful.”- Boylin
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“Chris made what could have been a horrible situation into a much more manageable one and in the process helped turn my life around as well.”- Bob S
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“Mr Rodeman knows the system and its players from his days as a prosecutor. He is extremely professional, non-judgemental, and so competent in court. I could go on and on about how much we appreciate his help in our case.”- Kiki France-Perry
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He is truly a phenomenal lawyer. He cares about his clients and knows the Law. If you’re reading this, he is the person to go to. Mr. Rodeman is very dedicated and will help you receive the best possible outcome. He does a great job.
Penalties and Collateral Consequences of Vehicular Assault Convictions in NY
A vehicular assault conviction results in direct prison time and extensive consequences that affect a driver’s life permanently.
Direct Sentencing Consequences
- Prison: Felony convictions carry statutory prison exposure of 4, 7, or 15 years, depending on the degree. Judges have discretion to impose probation (up to five years) instead of prison for certain offenses.
- Fines and Restitution: Statutory fines of up to $5,000 to $15,000, plus mandatory surcharges and court-ordered restitution to the victim, which can total tens of thousands of dollars for medical expenses and lost wages.
- License Revocation: Mandatory license revocation for a minimum of six months up to one year, or longer for repeat offenders. Reinstatement often requires the installation of an Ignition Interlock Device (IID).
Lifelong Collateral Consequences
- Permanent Felony Record: A vehicular assault felony conviction cannot be sealed or expunged and remains on your record permanently.
- Employment Barriers: Loss of employment requiring driving (CDL holders) and significant barriers to professional licensing and future career opportunities.
- Insurance Liability: Massive increases in insurance premiums and liability in concurrent civil lawsuits filed by the victim.
- Immigration Status: Felony convictions for crimes involving injury or alcohol can lead to mandatory deportation proceedings for non-citizens.
The New York Criminal Defense Process for Vehicular Assault Charges
A vehicular assault case in Rochester begins with the investigation into the accident scene and the chemical testing. I intervene immediately to manage both the criminal charges and the separate civil penalties imposed by the New York State Department of Motor Vehicles (DMV).
- Arrest and Chemical Testing: If an officer requests a blood, breath, or urine test, refusal results in immediate, severe administrative penalties. I advise clients on the complexities of the implied consent law.
- Grand Jury Indictment: Felonies in New York must be indicted by a Grand Jury. I prepare arguments to convince the Grand Jury not to indict or to indict on a lesser misdemeanor charge (like simple DWI).
- Discovery and Accident Reconstruction: I immediately secure the scene photographs, police reports, and the EBT (Engine Control Module) data from the vehicle. I often work with independent accident reconstructionists to prove the crash was caused by factors other than intoxication.
- Pre-Trial Motions to Suppress: I challenge the admissibility of the most damaging evidence:
- BAC Results: Arguing the breath or blood sample was obtained illegally, the device was improperly calibrated, or the proper procedures under VTL §1194 were not followed.
- Statements: Arguing statements were coerced or obtained in violation of Miranda rights.
- Plea Negotiation: I leverage weaknesses in the State's case to negotiate a reduction to a misdemeanor offense (like DWI or DWAI), thereby avoiding state prison time and the permanent felony label.
How Local Laws & Courts Shape Rochester Vehicular Assault Cases
New York law governs vehicular assault charges, but the day-to-day handling of these cases changes based on local court procedures. Monroe County and Rochester courts use their own schedules for motion deadlines, hearings, and pre-trial discussions. Knowing the timing and flow of cases in this region gives you an advantage when forming your defense.
Monroe County prosecutors sometimes add additional counts for aggravating factors, such as a high level of impairment or multiple injuries. Some judges require pre-trial conferences that can affect how evidence is presented and the negotiation timeline.
If you have questions about what will happen and when, I will walk you through these details so you can make sound decisions. For each client, I draw on my experience in area courts so small procedural details do not catch you off guard as your defense unfolds.
Protect your future and driving record from a felony conviction. Contact Christopher K. Rodeman Attorney at Law for a consultation. I offer affordable fees and 24/7 availability for emergency calls. Call (585) 928-4193 or fill out this online form today.
Why Choose Christopher K. Rodeman Attorney at Law?
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Experience as a Special Assistant District Attorney
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Flat-Rate Pricing for Cases Involving DWI
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24/7 Availability for Emergency Calls
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Affordable Payment Plans
Your Step-By-Step Defense Process With a Vehicular Assault Lawyer
You want to understand what happens at each stage of your criminal case. Here’s how I guide clients through the Rochester legal process:
- Initial review: We have an in-depth discussion about the facts, charges, and your specific concerns.
- Case assessment: I review both the police report and the prosecution’s evidence to identify strengths and weaknesses.
- Personalized defense plan: I work with you to build a plan that matches both your priorities and the details of your case.
- Continued support: I provide frequent updates and clear answers, so you stay informed at every turn.
A clear roadmap reduces anxiety and gives you more control. As your vehicular assault defense lawyer in Rochester, I help you understand your rights and how evidence is likely to be used. Drawing on my background as a former prosecutor, I share insights into how each stage may unfold.
If you prefer meetings in person, or remote updates, we can adapt so you feel fully supported. Every detail, from evidence review to courtroom etiquette, is tailored to the standards of Monroe County courts.
Demand Excellence
My Comprehensive Approach to Vehicular Assault Defense
With over 25 years of experience, my firm provides a dedicated, forensic defense strategy for drivers facing vehicular assault attorney in Rochester charges in Monroe County.
- Challenging Causation: I introduce evidence of alternative causes for the accident, such as road defects, improper vehicle maintenance, or the victim’s own negligence, to rebut the legal presumption that the driver’s intoxication caused the injury.
- Challenging Serious Injury: I work with medical professionals to obtain second opinions, often arguing that the victim’s injuries, though painful, do not meet the strict New York definition of Serious Physical Injury, thereby reducing the felony to a misdemeanor.
- Forensic & Scientific Defense: I meticulously review the timeline of consumption versus the time of the test (Rising BAC Defense) to cast doubt on the driver’s BAC level at the time of driving.
- Mitigation and Sentencing: I prepare comprehensive mitigation packages for sentencing, emphasizing treatment, employment, and restitution, which can persuade the judge to impose probation or a shorter sentence, even for a felony conviction.
What Sets My Criminal Defense Services Apart in Rochester
You deserve more than basic legal representation when your future is at stake. As someone who has served both as a prosecutor and a defense lawyer, I understand the details that matter in New York vehicular assault cases. By seeing every angle of a case, I develop a defense strategy that fits your goals.
My clients benefit from:
- Comprehensive legal insight: I use experience from both prosecution and defense to inform your legal strategy.
- Personal attention: I get to know your fears and priorities—not just the facts in your file.
- Long-term experience: With 25 years resolving criminal charges in Rochester and surrounding areas, I provide steady, informed criminal defense throughout the process.
From our initial conversation, I address your most urgent concerns and keep you informed as your case develops. My commitment to responsiveness—returning calls, answering questions, and making sure you understand every step—builds confidence and lets you focus on what matters most to you. When charged with a crime as serious as vehicular assault, having a dedicated defense lawyer ensures you won’t feel alone or lost along the way.
Contact an Experienced Vehicular Assault Defense Lawyer Today
Before meeting with your lawyer, write down the key facts about your incident—such as the date, time, and location—and keep all materials you received from law enforcement in a safe place. Bring your questions and concerns to your initial consultation so we can address what matters most to you. Planning ahead will help you get the most from our conversation and support your defense from day one.
Call today at (585) 928-4193 or contact us online. Each consultation remains confidential. When you reach out, you take a step toward clear answers, trusted guidance, and strong protection of your rights throughout your case.
