The max penalty for 2nd degree vehicular manslaughter is only 7 years. In theory he could be prosecuted for 1st degree or even aggravated, but those require DUI or multiple fatalities.
Now look up what the maximum sentence would be for when someone purposefully murders someone with a car. Because Vehicular Homicide in the second degree- is where a death is caused “without an intention to do so” and where there is neither reckless driving, nor a DWI offense.
You’re manufacturing an argument while leaving out key facts.
Your boy WANTED the CEO dead. So, don’t use accidental death cases to compare it in bad faith
Vehicular homicide with intent carries the same penalties as with a gun.
Nope. In New York, the law for vehicular manslaugher/homicide only applies where DUI is involved. Perhaps you are thinking of regular homicide/manslaughter, but those require proving intent – which as previously stated is hard to do where an automobile is involved.
A vehicle is considered a “deadly weapon” according to New York law, especially if you use it to intentionally strike a pedestrian. As a result, you might face much more serious charges than assault if you try to hit someone with your car. Theoretically, you could be charged with attempted murder. You might also face charges of assault with a deadly weapon – especially if you strike and injure the intended target.
So again, if he had used a car, the charges would remain the same. It would be murder.
Stop moving the goalposts. Cars have nothing to do with this.
The max penalty for 2nd degree vehicular manslaughter is only 7 years. In theory he could be prosecuted for 1st degree or even aggravated, but those require DUI or multiple fatalities.
Now look up what the maximum sentence would be for when someone purposefully murders someone with a car. Because Vehicular Homicide in the second degree- is where a death is caused “without an intention to do so” and where there is neither reckless driving, nor a DWI offense.
You’re manufacturing an argument while leaving out key facts.
Your boy WANTED the CEO dead. So, don’t use accidental death cases to compare it in bad faith
Vehicular homicide with intent carries the same penalties as with a gun.
Nope. In New York, the law for vehicular manslaugher/homicide only applies where DUI is involved. Perhaps you are thinking of regular homicide/manslaughter, but those require proving intent – which as previously stated is hard to do where an automobile is involved.
From a NY attorney’s site:
A vehicle is considered a “deadly weapon” according to New York law, especially if you use it to intentionally strike a pedestrian. As a result, you might face much more serious charges than assault if you try to hit someone with your car. Theoretically, you could be charged with attempted murder. You might also face charges of assault with a deadly weapon – especially if you strike and injure the intended target.
So again, if he had used a car, the charges would remain the same. It would be murder.
Stop moving the goalposts. Cars have nothing to do with this.
There’s that word again… One might think it’s important…
So… he accidentally shot an unarmed man in the back?
I think the point is that it’s a lot easier to “accidentally” hit someone with a car
Bingo.