my nephew is being charged with vehicular manslaughter, dwi(bac .10) and failure to yield. what is the average time to be served for such crimes(as we will be taking temporary custody of his children)no prior history of anything in his past just a tragic mistake on his part.
Criminal Defense Attorney
There is no average. Every case is different.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Divorce / Separation Lawyer
I work in a firm where we have a team of attorneys that concentrates in this sort of serious vehicular crime. As I work on that team, I agree with the prior answer that there is no "average" sentence. There are many factors to be considered, all of which should be discussed between your nephew and a qualified, experienced attorney familiar with this area of the law.
Vehicular Manslaughter may be charged as a class "D" or class "C" felony, so the potential sentence is many years in state prison. Have him speak with a qualified attorney as soon as possible.
Christopher I. Simser, Sr.
269 West Jefferson Street
Syracuse, NY 13202
Criminal Defense Attorney
It really depends. On the D felony, 1-3, 2-6 would be normal. On a C felony, 3-9 is not unusual.
Whatever the sentence is, if it is upstate, he should expect to serve the full 2/3's of the sentence rather than expect early release. The Dept. of Corrections does not release inmates early when there is a fatality.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Your asking this question from a defeatist position. You are assuming that he is guilty as charged. I can tell you that to prove an alcohol related homicide is no easy task. That said, one must mount a vigorous defense. Not only do you need to retain counsel that is experienced in just this type of case, you will likely need to retain your own accident reconstruction expert and an expert to defeat the BAC evidence. This is going to set your nephew back about $50,000, but his life is at stake so there is not even a question as to what he needs to do. If he'd like have him call me and I can refer him to 2 of the top DWI expert defense lawyers in NY State.