New York criminal charge
Escape in the first degree in New York
Escape in the first degree is a criminal offense under New York law, defined by N.Y. Penal Law § 205.15. Its classification is not fixed: New York assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.Y. Penal Law § 205.15.
What is the penalty for escape in the first degree in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 7 years (Escape in the first degree — Applies to a person charged with or convicted of a felony who escapes from a detention facility, arrested for/charged with/convicted of a class A or B felony who escapes from custody, or adjudicated a youthful offender in substitution for a felony conviction who escapes from a detention facility.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 2–7 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Escape in the first degree — Applies to a person charged with or convicted of a felony who escapes from a detention facility, arrested for/charged with/convicted of a class A or B felony who escapes from custody, or adjudicated a youthful offender in substitution for a felony conviction who escapes from a detention facility.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
Applies to current.
How is escape in the first degree classified in New York?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Escape in the first degree | Class D Felony | Applies to a person charged with or convicted of a felony who escapes from a detention facility, arrested for/charged with/convicted of a class A or B felony who escapes from custody, or adjudicated a youthful offender in substitution for a felony conviction who escapes from a detention facility. | N.Y. Penal Law § 205.15undefined |
Common questions about escape in the first degree in New York
What class of felony is escape in the first degree in New York?
What are the penalties for escape in the first degree in New York?
Penalties for escape in the first degree in New York depend on how it is classified — from a Class D Felony up to a Class D Felony — with the ranges set by N.Y. Penal Law § 70.00; the full table of ranges by variant is published on this page.
Which New York statute covers escape in the first degree?
Escape in the first degree is governed by N.Y. Penal Law § 205.15 (Escape in the first degree).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.