Unlawfully fleeing a police officer in Nassau and Suffolk Counties is a serious offense with severe consequences, including heavy fines, jail time, and a permanent criminal record if convicted. Prosecutors aggressively pursue these cases, which makes having a solid defense essential. That’s where Michael Arbeit, P.C. comes in.
Attorney Arbeit is well-versed in New York traffic and criminal law and has the skills and experience to build a strong defense, challenge the evidence, and protect your rights. Call today to get started with a Long Island defense attorney.
What Constitutes Unlawfully Fleeing a Police Officer
Unlawfully fleeing a police officer involves failing to stop when an officer signals you to pull over. The law clearly outlines the elements of this offense:
- Officer signal–The police officer must signal for you to stop, such as activating lights or using a siren.
- Failure to comply–You knowingly ignore the officer’s signal and choose not to stop your vehicle.
- Reckless driving or endangerment–While attempting to flee, you drive recklessly or cause a significant risk to others.
These elements must all be present for a charge of unlawfully fleeing. The consequences can be severe if convicted, including jail time and significant fines. A knowledgeable attorney like Michael Arbeit can help identify weaknesses in the prosecution’s case and work to reduce or dismiss the charges.
Penalties and Consequences
The penalties for unlawfully fleeing a police officer in New York depend on the circumstances, but they can be severe. If convicted, you may face:
- Criminal charges–Fleeing can be charged as a misdemeanor or felony, with higher penalties if the act causes injury or property damage.
- Fines–Convictions often come with significant penalties, which increase based on the severity of the offense.
- Imprisonment–Jail time is a real possibility, ranging from months for misdemeanors to several years for felony charges.
- License suspension–If you flee in a vehicle, your driver’s license could be suspended or revoked.
- Criminal record–A conviction adds a permanent mark to your criminal record, impacting your employment and future opportunities.
Beyond these legal penalties, there are collateral consequences like increased insurance premiums and difficulties securing housing or professional licenses. Given these risks, it’s essential to have an experienced attorney like Michael Arbeit to defend your rights and minimize these consequences.
Defenses Against Unlawfully Fleeing
Defending against charges of unlawfully fleeing a police officer in New York requires a strategic approach. Several defenses may be available, depending on the circumstances:
- Lack of Intent–If you did not knowingly ignore the officer’s signal, you may argue that you were unaware you were being instructed to stop, especially if visibility or noise was an issue.
- Mistaken identity–In some cases, the police may have incorrectly identified the suspect or vehicle involved, and you can present evidence proving you were not the individual fleeing.
- Unlawful police conduct–The charges may be challenged if the officer had no valid reason to stop you or failed to follow proper procedures (e.g., not using lights or sirens).
- Emergencies–Fleeing due to a genuine emergency or safety concern may justify your actions.
Why You Need a Criminal Defense Attorney
Charges for unlawfully fleeing a police officer can have life-changing consequences, and having an experienced criminal defense attorney is crucial. Michael Arbeit, P.C. knows how prosecutors operate and their strategies for securing convictions. With proper legal representation, you can better navigate the complex legal system and avoid harsher penalties than necessary.
Michael Arbeit has a proven track record of fighting for clients’ rights and securing favorable outcomes. He thoroughly reviews the details of each case, looking for errors in police procedure, lack of evidence, or other issues that could lead to a reduction or dismissal of charges.
His knowledge of New York criminal law and his ability to negotiate with prosecutors means he can often secure plea deals or alternative sentencing options that minimize the impact on your life. Trust Michael Arbeit to craft a solid defense and protect your rights.
Protect Your Rights With Michael A. Arbeit, P.C.
Don’t face unlawfully feeling charges alone—your future is too important. Contact Michael Arbeit today for a confidential consultation. Trust his experience to fight for your freedom and protect your rights.
S 270.25 Unlawful fleeing a police officer in a motor vehicle in the third degree.
A person is guilty of unlawful fleeing a police officer in a motor
vehicle in the third degree when, knowing that he or she has been
directed to stop his or her motor vehicle by a uniformed police officer
or a marked police vehicle by the activation of either the lights or the
lights and siren of such vehicle, he or she thereafter attempts to flee
such officer or such vehicle by driving at speeds which equal or exceed
twenty-five miles per hour above the speed limit or engaging in reckless
driving as defined by section twelve hundred twelve of the vehicle and
traffic law.
Unlawful fleeing a police officer in a motor vehicle in the third degree
is a class A misdemeanor.
S 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.
S 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.