New York Criminal Lawyer Blog
With all the mask wearing lately, you’d think New York City was anything but the home of the brave, or maybe Gothamites from Manhattan to Brooklyn just thought that the COVID boogeyman lurked on every subway, at every protest, and in every nook and cranny of the city’s streets. Forth those who are concealing their identity but are not up to “no good” or are wearing a mask or scarf over their face in a lawful manner because, for example, its cold outside, New York Penal Law 205.35, Evading Arrest by Concealment of Identity, should really be of no consequence. If you are New Yorker engaged in criminal conduct, however, know that you may very well find yourself arrested and charged with a misdemeanor crime if you’re using the face covering for a more nefarious purpose.
Evading Arrest by Concealment of Identity: Penal Law 205.35
A class “B” misdemeanor, and a crime that can never be expunged even if later potentially sealed depending on other associated criminal convictions, Penal Law 205.35 makes it illegal to wear any type of facial covering that obscures your face in whole or in part for no legitimate purpose, when you are committing any felony or class “A” misdemeanor, or when fleeing the same. The purpose or goal of this concealment must be to prevent your identification, apprehension or arrest.
Class “B” misdemeanors may be the lowest crime in New York, but a conviction would give you a criminal record nonetheless even if you never set foot in jail for one day or as much as 90 days as allowable by law.
Examples of When Concealing a Mask Violates the Law and When It Does Not
As a preliminary matter, it is likely that this crime would be prosecuted in conjunction with other criminal offenses as opposed to as a standalone crime. Why? The elements of the law itself mandate, among other things, that you wear this mask during the commission of certain criminal offenses or you do so during your flight from your purported criminality or to avoid arrest.
With this in mind, the question remains: while felonies are more serious offenses that are punishable by more than a year in jail, what constitutes a class “A” misdemeanor?
While not limited to these offenses, these types of misdemeanors are punishable by up to one year in jail. Common crimes that fall into this category are:
Third Degree Assault – Penal Law 120.00
Punching or striking someone with the intent to cause, and actually causing, a physical injury such as a bloody lip, black eye, or bruise, would violate this statute.
Fourth Degree Criminal Possession of a Weapon – Penal Law 265.01
Either possessing certain objects – batons, brass knuckles, or a switchblade, for example, or using more mundane or everyday items as a “dangerous instrument”, such as a metal bar, a bat, or even something as “regular” as an umbrella, would run afoul of this law.
Making Graffiti – Penal Law 145.60
This one is fairly straight forward. If you draw on or spray paint someone’s property with the intent to damage it, you would be charged with this crime.
Fourth Degree Criminal Mischief – Penal Law 145.00
If you damage someone’s property intentionally without a reasonable basis to believe you were permitted to do so, you committed this class “A” misdemeanor. So, if you decide to smash a window of someone’s car or retail store, you would at least face this crime and potentially a far greater felony.
Petit Larceny – Penal Law 155.25
Not only related to shoplifting, a theft of any property valued no greater than $1,000.00 constitutes Petit Larceny. Grand Larceny relates to crimes that exceed this amount.
By no means an exhaustive list of all class “A” misdemeanors, these are merely some of the more “popular” or routine crimes of this nature. Assuming you are charged with a violent felony, not only will that crime be far more heavy in terms of your legal exposure, but an arrest would likely cause the police to hold you to see a judge. In New York City, that would mean being processed through Central Booking. If your other offense or offenses were non-violent or non-sexual related misdemeanors, then you may find yourself fingerprinted and released with a Desk Appearance Ticket advising you of a future court date.
Regardless of how you are charged, and no matter the associated crimes, recognize that masking for the purpose of hiding your identity and in furtherance of another crime may not be the most serious offense but it will color prosecutors’ view of your behavior and alleged misconduct. It’s not just that you purportedly committed crime X, but you did so or fled from it while taking affirmative steps to hide from and avoid responsibility.
To learn more about this crime or any of those listed above, follow the highlighted links or contact Saland Law.
Founded by Jeremy Saland, a former Manhattan prosecutor, Saland Law is a criminal defense firm located in midtown Manhattan. Saland Law represents clients in criminal matters throughout New York City and many of the surrounding suburban counties.