N.Y. Penal Law § 270.30: Unlawfully Fleeing a Police Officer in a Motor Vehicle in the Second Degree

Under New York Penal Law § 270.30, a motorist commits the crime of Unlawfully Fleeing a Police Officer in a Motor Vehicle in the Second Degree if their attempt to evade law enforcement results in serious physical injury to another person. This statute applies when a police officer, clearly identifiable by uniform and using lights, sirens, or verbal commands, signals a driver to stop — and the driver knowingly refuses to comply and flees. The charge is elevated beyond the third-degree version specifically because of the resulting injury, regardless of whether it was intentional. Even if the initial stop was for a minor traffic violation, fleeing and causing injury can elevate the situation to a major criminal traffic offense with long-term consequences behind the wheel.

This offense is classified as a Class E felony, carrying up to four years in state prison, significant fines, and a permanent felony record. Undoubtedly there will be juxtaposed traffic tickets which can result in license suspension.

Statute

The exact wording of the statute is as follows:

§ 270.30 Unlawful fleeing a police officer in a motor vehicle in the second degree.

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 section 270.25 of this article, and as a result of such conduct a police officer or a third person suffers serious physical injury. Unlawful fleeing a police officer in a motor vehicle in the second degree is a class E felony.

Benjamin Goldman Law Office

If you are facing charges under New York Penal Law § 270.30 for unlawfully fleeing a police officer, consider contacting the Benjamin Goldman Law Office. We are a New York State law firm that defends against all types of traffic and auto related charges. Our attorneys handle criminal charges such as Reckless Driving and Leaving the Scene of an Accident. Lawyers at our firm have experience handling Fleeing charges and will be glad to review your case. The Benjamin Goldman Law Office has received hundreds of positive reviews across several platforms. The verified reviews speak to the efforts we put into each case. Contact us about your case at your convenience. We look forward to working with you.

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