Felony Reckless Evading In New York
When a person is arrested for reckless evading in New York, they will likely be facing a charge of reckless endangerment in the first degree. This is covered in New York Pen. Code § 120.25. It is a Class D felony. New York criminal courts consistently determine that act of recklessly evading police by driving at high speeds is a behavior that’s classified as depraved indifference to human life.
Additional Criminal Charges
In New York, should a person be convicted of reckless endangerment in the first degree, they will probably also face additional criminal charges. This will often be the reason for committing felony reckless evading. Individuals have been additionally charged with such things as unauthorized use of a vehicle, possessing stolen property, assault, illegal drug possession and more.
A person convicted of felony reckless evading could receive a prison sentence of up to seven years. It is classified as a violent felony. The judge in a New York court is required to impose a minimum sentence of two years in prison for a guilty verdict. The sentences given are determinate. This means the length of it is for a specified number of years and not a range of years. The length of a prison sentence will be determined by how a person is classified based on their previous criminal record. All prior convictions including any felony convictions withing the past ten years will be taken into consideration. Should a person have two or more felony convictions within the past ten years, they will be considered a persistent felony offender.
Fines, Restitution, And Fees
When a person is found guilty of felony reckless evading, they may be ordered by a judge to pay fines as well as restitution and fees. The fines could be more than $4,000. Should someone be injured or property be damaged during the commission of the crime, they may be required to pay the victim expenses covering their loss as a result of the crime. According to New York Pen. Law § 60.27, the most a person will have to pay for restitution is $15,000 as well as an additional five percent surcharge. A person may also have to pay a mandatory surcharge of $300 and a victim assistance fee of $25. A person placed on probation supervision will have to pay a $30 a month for a supervision fee.
When a person is found guilty of felony reckless evading in the first degree, they will end up having to serve a sentence, pay what is demanded by the court and have a criminal record. This will have a negative impact on several aspects of their life such as getting a job. If a profession requires a license, they will not be able to work in it. This includes everything from being a teacher to driving a cab and more. They won’t be able to own a gun legally or serve in the military. The consequences of having a conviction for felony reckless evading are serious and can last a lifetime.
When anyone is charged with felony reckless evading, they should contact a knowledgeable and experienced attorney as soon as possible. They will know how to analyze the facts of the case and develop the best possible defense.