The Crime Of Escape: The Differing Degrees Of The Crime

In New York, the crime of escape can be classified as either a misdemeanor or felony, depending on the specifics of the case. It is important to note that any incidences of escape are taken quite seriously, and the crime of escape is aggressively prosecuted in the State of New York. Therefore, if you stand accused of escape in the State of New York, it is crucial that you contact a skilled and dedicated criminal defense attorney right away. After being charged with escape, you need to retain an attorney who can help you determine the defenses you can employ in your case.

In the following sections of this article, get to learn about the differing degrees of the crime of escape.

Differing Degrees of the Crime of Escape in the State of New York

Article 205 of the New York Penal Law defines the crime of escape. According to Article 205, there are generally three different degrees of the crime of escape in New York. Section 205.05 describes escape in the third degree, Section 205.10 describes escape in the second degree, and Section 205.15 defines escape in the first degree.

Escape in the Third Degree                                            

According to New York Penal Law 205.05, escape in the third degree occurs when an individual escapes from custody. Under New York Penal Law 205.00(2) (definitions of terms), the term “custody” refers to “holding through an authorized arrest or an order of a court by a civil servant pursuant.”

This type of crime is a class A misdemeanor in New York.

Escape in the Second Degree

According to New York Penal Law 205.10, escape in the second degree occurs when an individual;

1. escapes from a detention facility; or
2. having been convicted of, charged with, or arrested for a class E, class D, or class C felony, they escape from custody; or
3. having been found to be a youthful offender, where the finding was changed to the conviction of a felony, they escape from custody.

Under New York Penal Law 205.00(1), the term “detention facility” refers to any place used for the imprisonment, pursuant to a court order, of an individual;

1. convicted of or charged with a criminal offense; or
2. charged with being a youthful offender, juvenile delinquent, or individual in need of supervision; or
3. held as a material witness or for extradition; or
4. otherwise confined pursuant to a court order

This type of crime is a class E felony in New York.

Escape in the First Degree

This type of crime happens when an individual;

1. having been convicted of or charged with a felony, they escape from a detention facility; or
2. having been found to be a youthful offender, which finding was substituted for the conviction of a felony, they escape from a detention facility; or
3. having been charged with, arrested for, or convicted of a Class A or Class B felony, they escape from custody.

This first-degree crime is a class D felony in New York.

Contact an NYC Criminal Defense Attorney

Are you being accused of the crime of escape in the State of New York? Contact experienced NYC criminal defense attorney Mark I. Cohen, today at 212-732-0002 to learn about your legal options.

Resource:

omh.ny.gov/omhweb/forensic/manual/html/chapter1.htm