Last Updated on: 21st February 2023, 02:36 am

Understanding the Crime of Escape from Custody in New York

Escape from custody is a serious offense in the State of New York. To be charged with this crime, a person must have escaped from custody. Depending on the specific facts of the case, this crime can be classified as either a misdemeanor or a felony.

In the State of New York, the crime of escape is even more serious if the person escaped from a jail or detention facility. Additionally, if at the time of the escape, the person was arrested for or charged with a felony offense, the crime becomes even more severe. The most serious form of offense occurs when both of those aggravating factors are present.

Types of Offenses Related to Escape from Custody in New York

Aside from escape from custody, there are other offenses in New York related to absconding from temporary release or a furlough program. These offenses are aggressively prosecuted in Nassau County, Long Island, NY. Some of these offenses include hindering prosecution, resisting arrest, introducing contraband or dangerous contraband into a detention facility, promoting prison contraband, absconding from a furlough program, and possession of dangerous contraband by an inmate in a detention facility.

If you are charged with escape or any related offense, it’s important to seek the help of an experienced criminal defense attorney. Contact the Spodek Law Group, where attorney Todd Spodek and his team have extensive experience handling cases related to escape and other criminal offenses. With offices located in Garden City, NY, we are conveniently located to serve clients in Nassau County, Long Island, Suffolk County, and the five boroughs of New York City.

Understanding Escape Charges in New York

If you’re facing an escape charge in New York, it’s important to understand the different classifications of this crime. In New York, escape can be classified in seven different ways, each with its own set of consequences. As a leading law firm in New York, Spodek Law Group and our experienced attorney, Todd Spodek, can help you navigate the legal system and defend your rights.

Escape in the First Degree

Escape in the First Degree is one of the most severe escape charges in New York, and it can be classified in three different ways. The first classification is when the person who escapes from custody has been arrested for or convicted of a class A or class B felony, making it a class D felony under Penal Law 205.15(2). The second classification is when the defendant is accused of both escaping from a detention facility and being charged with or convicted of a felony, also classified as a class D felony under Penal Law 205.15(1). The third classification is when the escape from a detention facility is committed by a youthful offender, and it is also classified as a class D felony under Penal Law 205.15(3).

Escape in the Second Degree

Escape in the Second Degree is another serious escape charge in New York. It can be classified as a class E felony under three different circumstances. The first is when a youthful offender escapes from custody, as defined in Penal Law 205.10(3). The second is when a defendant, who has been arrested for or charged with or convicted of a felony, escapes from custody, as defined in Penal Law 205.10(2). Finally, the third classification of Escape in the Second Degree, as defined in Penal Law 205.10(1), is simply when someone escapes from custody, without any additional aggravating factors.

Escape in the Third Degree

Escape in the Third Degree is the least severe escape charge in New York, but it should not be taken lightly. This charge is classified as a class A misdemeanor under Penal Law 205.05, and it involves situations where someone escapes from custody, but the circumstances don’t rise to the level of a first or second-degree charge.

Understanding Escape in the Third Degree in New York

Escape in the Third Degree is a Class A misdemeanor charge in the State of New York. A person can be charged with this offense if they are accused of escaping from custody. The law defines “custody” as the restraint by a public servant pursuant to an authorized arrest or an order of a court. It means that if a person is arrested for a crime authorized by the provisions of CPL 140.10(1)(b) or any other law, they can be charged with escape in the third degree.
The term “public servant” includes any public officer or employee of the state, political subdivision, or governmental instrumentality within the state of New York, or any person exercising the functions of any such public officer or employee. The term “escape” means to get away, break away, get free, or get clear with the conscious purpose to evade custody.

To prove the crime of escape in the third degree, the prosecution must establish that the defendant escaped from custody in a particular county at a specific time. The charge is a serious offense and can have significant consequences for the accused.

Understanding Felony Escape from Custody in New York

Felony Escape from Custody in the Second Degree

Felony Escape from Custody in the Second Degree is a Class E felony charge in the State of New York. It occurs when a person escapes from a detention facility. A detention facility is any place used for confinement pursuant to an order of a court, which includes individuals charged with or convicted of an offense, youthful offenders, persons in need of supervision, juvenile delinquents, those held for extradition, and those confined pursuant to an order of a court.
To prove the crime of Felony Escape from Custody in the Second Degree, the prosecution must establish that the defendant escaped from a detention facility after being arrested for, charged with, or convicted of a felony classified as “class C” or “class D” or “class E.” If the defendant has been adjudicated as a youthful offender, then that finding can be substituted for the conviction of a felony.

Felony Escape from Custody in the First Degree

Felony Escape from Custody in the First Degree is a Class D felony charge in the State of New York. It occurs when a person escapes from custody after being arrested for or convicted of a class A or class B felony or is accused of escaping from a detention facility and charged with or convicted of a felony.

How a Criminal Defense Attorney Can Help

If you have been charged with escaping from custody in the State of New York, you need an experienced criminal defense attorney on your side. At Spodek Law Group, our attorney Todd Spodek has years of experience representing clients in serious misdemeanor and felony criminal offenses throughout New York City and Long Island, including Nassau County and Suffolk County. We offer a free consultation to discuss your case and explore your legal options. Contact us today at (516) 972-1212 to schedule a consultation.