Unlawful Fleeing A Police Officer In A Motor Vehicle In The First Degree: NY Penal Law § 270.35

by ECL Writer
Unlawful Fleeing A Police Officer In A Motor Vehicle In The Third Degree

You would have broken the law if you had run from the police after they had told you to stop. There is a great likelihood that someone will suffer a major injury when the police pursue a person who is breaking several traffic laws while driving at high speeds. In fact, there have been numerous instances where a suspect’s vehicle-based escape from the police has resulted in the death of a pedestrian, another driver, or a police officer. Three crimes are connected to eluding a police officer while driving a car.

Whether or whether someone was hurt or murdered as a result of your activities will determine the exact charge that you will be held accountable for. The most serious accusation is unlawfully escaping a police officer in the first degree. If, after being told to stop by a police officer, you flee by driving 25 mph or more over the speed limit or recklessly as defined by Section 1212 of the New York Vehicle and Traffic Law, and a police officer or another person is killed as a result, you will be charged under New York Penal Code Section 270.35 with unlawfully fleeing a police officer in a motor vehicle in the first degree.

Unlawful Fleeing A Police Officer In A Motor Vehicle In The First Degree Sentence

If you are found guilty of unlawfully fleeing a police officer in a motor vehicle in the first degree, a class D felony, you may spend up to 7 years in jail and be required to pay a large fine. The judge may also order you to serve a five-year probationary period.

Example

Jennifer’s reckless actions led to a tragic incident that resulted in serious criminal charges. While speeding in a residential area, she ignored a police officer’s attempt to pull her over. Instead of complying, Jennifer chose to accelerate, exceeding the speed limit by more than 25 mph. She further endangered lives by running through three red lights. Tragically, her actions led to a collision with a woman and child in a crosswalk, resulting in the child’s tragic death and severe injuries to the woman. As a consequence, Jennifer faces charges of unlawful fleeing a police officer in a motor vehicle in the first degree for causing the child’s death and unlawful fleeing a police officer in a motor vehicle in the second degree for injuring the woman.

Defenses

If you had not driven carelessly or at speeds that were more than 25 MPH over the speed limit, you would not have committed this felony. For instance, even if you crash and kill a bystander during a “slow speed chase” with the police, you might not be charged with illegally eluding a police officer in a car.

New York Penal Code § 270.30: Unlawful Fleeing A Police Officer In A Motor Vehicle In The Second Fegree

When a person commits the crime of unlawfully fleeing a police officer in a motor vehicle in the third degree, as specified in this article’s section 270.25, and as a result of that behavior, a police officer or a third party is killed, that person is guilty of the crime of unlawful fleeing a police officer in a motor vehicle in the first degree.

Related Offense

  1. Unlawful fleeing a police officer in a motor vehicle in the third degree: New York Penal Code § 270.25
  2. Unlawful fleeing a police officer in a motor vehicle in the second degree: New York Penal Code § 270.30

Hiring A New York Lawyer For Unlawful Fleeing A Police Officer In A Motor Vehicle In The First Degree Case

Hiring a New York lawyer for an unlawful fleeing of a police officer in a motor vehicle in the first degree case is essential when facing such serious charges. This offense carries severe consequences, including substantial prison time, fines, and a permanent criminal record. An experienced attorney can provide critical guidance and build a strong defense. They will thoroughly examine the circumstances leading to the arrest, challenge the evidence, and explore potential legal defenses. With a deep understanding of New York’s laws and courtroom expertise, a skilled lawyer can work to mitigate the charges or seek a favorable outcome, ensuring your rights are protected throughout the legal process.

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