N.Y. Penal Law § 270.35: Unlawfully Fleeing a Police Officer in a Motor Vehicle in the First Degree

Under New York Penal Law § 270.35, a motorist commits the offense of Unlawfully Fleeing a Police Officer in a Motor Vehicle in the First Degree if their attempt to evade law enforcement results in the death of another person. This statute applies when a clearly identifiable police officer or clearly identifiable police vehicle signals a driver to stop—whether by sirens, flashing lights, or verbal command—and the driver knowingly refuses and flees the scene. The charge escalates from the second-degree version due to the fatal outcome, regardless of who is killed and regardless of the driver’s intent.PL § 270.35 Class D felony, punishable by up to seven years in state prison and likely permanent loss of driving privileges.

Statute

The exact wording of the statute is as follows:

§ 270.35 Unlawful fleeing a police officer in a motor vehicle in the first degree.

A person is guilty of unlawful fleeing a police officer in a motor vehicle in the first 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 section 270.25 of this article, and as a result of such conduct a police officer or a third person is killed. Unlawful fleeing a police officer in a motor vehicle in the first degree is a class D felony.

Benjamin Goldman Law Office

If you are facing charges under New York Penal Law § 270.35 for unlawfully fleeing a police officer in the first degree, consider contacting the Benjamin Goldman Law Office. We are a New York State law firm that handles all types of traffic related charges. Our firm handles criminal charges such as Reckless Driving and DWI. Attorneys at our firm have experience handling Fleeing charges and will be glad to take on your case. The Benjamin Goldman Law Office has received hundreds of five star reviews over the years across several platforms. The verified testimonials generally speak to the efforts we put into each case and our customer service. If you are dealing with a serious fleeing charge or another criminal traffic matter, reach out to us at your convenience. We’re ready to help you pursue the best possible resolution.

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