Troy, NY asked in Car Accidents, Criminal Law and DUI / DWI for New York

Q: Likelihood of jail time for first time DWI (1.52) offender with vehicular assault with serious injury to victim?

1 Lawyer Answer

Jonathan A. Rosenberg

PREMIUM
Answered
  • Criminal Law Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: No lawyer - no matter how much they want your money - can tell you the likelihood of jail on a criminal case, with the exception of some especially serious felony charges that appear to be supported by strong evidence. So, for example, a lawyer could guarantee a high likelihood of jail time in the following hypothetical: If you're charged in Manhattan with some felony version of vehicular assault where the victim's serious injury results in indefinite unconsciousness, the evidence against you includes a videotape of the 'accident' and a videotape of your confession to police, plus your sworn statement that the person you assaulted was an individual you disliked - separate and apart from the fact you're both drinking buddies - and you have a prior felony record involving violence, and you're on probation for some violent misdemeanor plea, then you will likely spend time in jail in any final outcome of the case. Otherwise, there's no easy way to tell odds without knowing everything - the good, the bad, and the provable.

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