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Crime of Escape from Custody in New York

The crime of escape in the State of New York requires proof that a person in custody escaped from custody. The crime can be classified as a felony or a misdemeanor depending on the facts of the case. The crime is more serious if the person escaped from a jail or detention facility in the State of New York. The crime is also more serious if at the time of the escape, the person was arrested for or charged with a felony offense. The most serious form of the offense occurs when both of those aggravating factors are present.

Any charge of escape or absconding from temporary release or a furlough program is aggressively prosecuted in Nassau County, Long Island, NY. Offenses in New York related to escape from custody include:

  • hindering prosecution;
  • resisting arrest;
  • absconding from temporary release;
  • absconding from a furlough program;
  • promoting prison contraband;
  • introducing contraband or dangerous contraband into a detention facility; or
  • possession of dangerous contraband by an inmate in a detention facility.

If you are charged with escape in the State of New York or any related offense such as absconding from a furlough program or temporary release program, then contact an experienced criminal defense attorney in Nassau County. Call Stephanie Selloni for a free consultation to discuss your case and possible defenses to the charges. Her offices are conveniently located in Garden City, NY. She helps clients charged with serious felony offenses in Nassau County, Long Island, and the surrounding areas including Suffolk County, and the five boroughs of New York City.

After a charge of escape from custody in New York, call Stephanie Selloni to discuss your case and possible defenses to this serious criminal charge.

Types of Escape Charges in New York

Under New York law, the crime of escape can be classified in seven different ways:

  • Escape in the First Degree is classified as a “class D felony” under Penal Law 205.15(2) when the person that escapes from custody has been arrested for or convicted of a class A or class B felony;
  • Escape in the First Degree is classified as a “class D felony” under Penal Law 205.15(1) when the defendant is accused of both escaping from a detention facility and being charged with or convicted of a felony;
  • Escape in the First Degree is classified as a “class D felony” under Penal Law 205.15(3) when the escape from a detention facility is committed by a youthful offender;
  • Escape in the Second Degree is classified as a “class E felony” under Penal Law 205.10(3) for escape from custody by a youthful offender;
  • Escape in the Second Degree is classified as a “class E felony” under Penal Law 205.10(2) for escape from custody by a defendant arrested for or charged with, or convicted of a felony;
  • Escape in the Second Degree is classified as a “class E felony” under Penal Law 205.10(1).
  • Escape in the Third Degree is classified as a “class A misdemeanor” under Penal Law 205.05

Escape in the Third Degree – Class A Misdemeanor

Under the laws of the State of New York, a person can be charged with Escape in the Third Degree when that person is accused of escaping from custody.

Under New York’s statute for the crime of escape, the term “custody” is defined to mean restraint by a public servant pursuant to an authorized arrest or an order of a court. Penal Law §205.00(2).

The term “public servant” is defined to mean any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state of New York, [or any person exercising the functions of any such public officer or employee]. Penal Law §10.00(15).

An arrest is authorized when the public servant making the arrest has reasonable cause to believe that the person being arrested has committed a crime. Part of the crime of escape assumes an arrest for a crime that was authorized by the provisions of CPL 140.10(1)(b). The statute can also apply to other types of laws.

Reasonable cause does not require proof that the crime was in fact committed. Reasonable cause exists when the public servant has knowledge of facts and circumstances sufficient to support a reasonable belief that a crime has been or is being committed. The term “escape” is defined to mean to get away, break away, get free or get clear, with the conscious purpose to evade custody.

Elements of the crime of escape in the third degree include the following: That on or about ______. in the county of _______, the defendant, _________ escaped from custody.

Felony Escape from Custody in the Third Degree

Escape from a Detention Facility in the Second Degree is classified as a “class E felony” under Penal Law 205.10(1).

Escape from a detention facility in the second degree is an escape charge that contains an additional element that the escape occurred from a detention facility. For purposes of New York’s escape statute as set out in Penal Law §205.00(1), the term “detention facility” is defined to mean any place used for the confinement, pursuant to an order of a court, of a person who is:

  • charged with or convicted of an offense; or
  • charged with being or adjudicated a youthful offender, person in need of supervision or juvenile delinquent; or
  • held for extradition or as a material witness; or
  • confined pursuant to an order of a court.

Felony Escape from Custody in the Second Degree

Escape in the Second Degree is classified as a “class E felony” under Penal Law 205.10(2) for escape from custody by a defendant arrested for or charged with, or convicted of a felony. The class E felony version of escape in the second degree requires proof of escape from custody plus an additional element that at the time of the escape the person had been arrested for (or charged with) (or convicted of) felony that was classified as “class C” or “class D” or “class E.”

Escape in the Second Degree is classified as a “class E felony.” As set out in Penal Law 205.10(3), if the defendant has been adjudicated a youthful offender, then that finding can be substituted for the conviction of a felony for purposes of New York’s escape statute.

Escape in the First Degree is classified as a “class D felony” under Penal Law 205.15(1) when the defendant is both accused as escaping from a detention facility and charged with or convicted of a felony.

Escape in the First Degree is classified as a “class D felony” under Penal Law 205.15(2) when the person that escapes from custody has been arrested for or convicted of a class A or class B felony.

Attorney for Escaping from Custody in New York

If you were charged with escaping from custody in the State of New York then contact an experienced criminal defense attorney in Nassau County at Law Office of Stephanie Selloni. Stephanie Selloni is experienced in representing clients in serious misdemeanor and felony criminal offenses throughout Long Island, including Nassau County and Suffolk County, NY. She also represents clients throughout the five boroughs of New York City. Call (516) 972-1212 today for a free consultation to discuss your case.