NY Penal Law § 270.30: Unlawful fleeing a police officer in a motor vehicle in the second degree

When the police chase a suspect who is driving at high speeds, breaking multiple traffic laws there is a significant possibility that someone will be seriously injured. In fact, there have been many cases in which a pedestrian, the driver of another vehicle, or a police officer has been killed as a result of a suspect fleeing from the police in a vehicle. If you flee from the police after the police have ordered you to stop, you would have violated the law. There are three criminal offenses related to fleeing from a police officer in a vehicle. The specific charge that you will face depends on whether or not someone was injured or killed as a result of your actions. Under New York Penal Code § 270.30 you will be charged with unlawfully fleeing a police officer in a motor vehicle in the second degree if after being directed to stop your vehicle by a police officer, you flee by driving at speeds 25 mph or more in excess of the speed limit or by driving recklessly as defined by the New York Vehicle and Traffic Law § 1212, and as a result a police officer or a third person suffers serious physical injury.

Suspecting that Richard stole the car he was driving, a police officer turned on his siren and his lights signaling Richard to pull over. Instead of pulling over Richard kept driving through a mixed commercial-residential neighborhood in Brooklyn. He drove at a speed that was consistently well over 30 mph over the speed limit and violated numerous traffic rules as he attempted to evade the police. Richard turned onto a street where there was heavy vehicular and pedestrian traffic. He ran through a red light and narrowly avoided hitting a pedestrian in a crosswalk. Instead of breaking, Richard accelerated through another red light and struck a woman in a crosswalk. The police stopped and aided the victim who suffered multiple broken bones and a severe concussion. Richard was later arrested and charged with unlawful fleeing a police officer in a motor vehicle in the second degree.

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

You would not be guilty of unlawful fleeing a police officer in a motor vehicle in the second degree if while fleeing from the police you injured someone, but the injuries were not serious. New York's criminal code has a very specific definition of "serious physical injury." If the person's suffered only a minor scrape or cut that was not life threatening or did not result in permanent disfiguration or an extended recovery period, then you would not be guilty of unlawful fleeing a police officer in a motor vehicle in the second degree. However, you may still be charged with the lesser offense of unlawful fleeing a police officer in a motor vehicle in the third degree.

Because unlawful fleeing a police officer in a motor vehicle in the second degree is a class E felony if you are convicted you could be sent to prison for up 4 years and you could be ordered to pay a substantial fine. In addition, the judge could sentence you to serve a probation term of 5 years.

A person is guilty of unlawful fleeing a police officer in a motor vehicle in the second degree when he or she commits the offense of unlawful fleeing a police officer in a motor vehicle in the third degree, as defined in § 270.25 of this article, and as a result of such conduct a police officer or a third person suffers serious physical injury.

If you have been arrested and charged with unlawful fleeing a police officer in a motor vehicle in the second degree, it is important that you have experienced representation. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with felonies and misdemeanors in violation of New York state law and federal law. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.