Tireless Defense Against Escape Charges
Escape accusations can be devastating to a person for various reasons. Whether you are facing a misdemeanor or a felony escape charge, the penalties attached to a conviction can be devastating. Prosecutors will not hesitate to recommend harsh sentences to the court, which can add a significant amount of time to a jail or prison sentence.
If you are facing an escape charge, it is imperative that you contact a qualified attorney as soon as possible. At Konta, Georges & Buza, P.C., founders at our firm have years of experience litigating these cases from both sides. You benefit from our team’s insider’s perspective when you retain us as your legal advocates.
Call us today at 212-710-5166 for a free consultation.
Definition Of “Escape” In New York
It doesn’t take a law degree to understand the legal doctrine of escape. If a person is in custody and he escapes, then he is guilty of escape. While this is pretty easy to understand, some of the words used in the escape statute carry precise legal definitions.
- “Custody” means “restraint by a public servant to an authorized arrest or an order of a court.”
- “Public servant” means “any public officer or employee of the state (or any political subdivision thereof or of any governmental instrumentality of the state).”
- “Escape” means “to get away, breakaway or get free or get clear, with the conscious purpose to evade custody.”
A key point to remember is that in the context of an arrest, it must be “authorized.” An arrest is “authorized” when the public servant who is effecting the arrest has reasonable cause to believe that the arrested person committed a crime.
An officer has reasonable cause to believe that a person committed a crime when there is objective evidence that leads him to conclude that it is more likely than not that the person committed the crime. New York’s escape laws are codified in penal code sections 205.05, 205.10 and 205.15.
Types Of Escape Charges
- Escape in the third degree is the most basic form of this charge. This is a class A misdemeanor. A person guilty of a class A misdemeanor may be sentenced to up to one year in jail. A person is guilty of this any time he escapes from custody as those terms are defined above.
- Escape in the second degree, a class E felony and punishable by up to four years in prison. A person is guilty of this when he or she either:
- (i) escapes from a “detention facility”
- (ii) escapes from custody and is accused of either a class C, D or E felony
- (iii) is a “youthful offender” convicted of a felony and he or she escapes
- Escape in the first degree, a class D felony and punishable by up to seven years in prison when he or she either:
- (i) is convicted of a felony and escapes from a detention facility
- (ii) is currently charged with a class A or B felony and he escapes
- (iii) escapes from a detention facility after having been adjudicated a “youthful offender”
These sentences can run consecutive (meaning in addition) to whatever sentence the person is serving (or may serve if not yet convicted) from which the person escaped.
Talk To Us For Free And Learn Your Options
Escape is a serious crime and conviction can have numerous collateral consequences. Contact us online or call 212-710-5166 for a free consultation, if you or a loved one is accused of this crime. We skillfully represent individuals in all five boroughs of New York City.