Unlawful Fleeing A Police Officer In A Motor Vehicle In The Second Degree: NY Penal Law § 270.30

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

There is a good chance that someone will suffer a major injury when the police chase a suspect who is driving fast and violates several traffic laws. 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. You would have broken the law if you had run from the police after they had told you to stop. 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.

If, after being told to stop by a police officer, you flee by driving at speeds of 25 mph or more over the speed limit or by driving recklessly as defined by Section 1212 of the New York Vehicle and Traffic Law, and as a result, a police officer or another person sustains serious physical harm, you will be charged under New York Penal Code 270.30 with unlawfully fleeing a police officer in a motor vehicle in the second degree.

Sentence

Because second-degree unlawful escape from a police officer in a vehicle is a class E felony, a conviction could result in a sentence of up to 4 years in prison and a large fine. The judge may also order you to serve a five-year probationary period.

Example

Suspecting that Sarah had stolen a valuable piece of artwork from a local museum, an art detective discreetly followed her as she exited the museum. Sarah, unaware that she was being watched, briskly walked through the city streets with the stolen artwork hidden in her bag. The detective decided to approach her and asked if she could show him what was inside her bag. Instead of complying, Sarah broke into a run and darted through a crowded park.

She weaved through the park, bumping into people and knocking over picnic tables as she desperately tried to evade capture. Sarah reached a footbridge that led to a busy shopping district and sprinted across it, ignoring the “No Running” signs. As she entered the shopping district, she frantically dodged in and out of stores and shoppers, creating chaos in her wake.

Sarah’s escape route led her into a narrow alleyway where she encountered a dead-end. Realizing she had no way out, she turned around and faced the detective, who had followed her closely. In a final attempt to escape, Sarah tossed the stolen artwork into a dumpster and surrendered to the detective. She was subsequently arrested and charged with art theft and evading arrest.

Defenses

If you wounded someone while eluding the police but the injuries were not significant, you would not be charged with unlawfully fleeing a police officer in a motor vehicle in the second degree. The term “serious physical injury” has a fairly clear definition under the penal code of New York. You would not be guilty of unlawfully fleeing a police officer in a motor vehicle in the second degree if the individual only had a minor scrape or cut that was not life-threatening, did not cause permanent disfigurement, or required a prolonged recuperation period. You could still face charges for the less serious third-degree unlawful escape from a police officer in a motor vehicle crime.

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

When someone 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 their actions, a police officer or a third party sustains serious physical harm, they are guilty of the offense of unlawful fleeing a police officer in a motor vehicle in the second 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 first degree: New York Penal Code § 270.35

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

Hiring a New York lawyer for unlawful fleeing a police officer in a motor vehicle in the second degree is crucial. This serious offense can lead to severe penalties, including imprisonment and fines. A skilled attorney with knowledge of New York’s criminal law can provide essential guidance throughout the legal process. They’ll assess the evidence, build a strong defense, and negotiate with prosecutors to potentially reduce charges or secure a favorable outcome. With their expertise, you increase your chances of protecting your rights and minimizing the impact of this serious criminal charge on your life and future. Don’t face it alone; hire a qualified New York lawyer today.

Leave a Comment

This blog is ONLY for informational or educational purposes and DOES NOT substitute professional legal advise. We take no responsibility or credit for what you do with this info.