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NY Penal Law § 215.56: Bail Jumping in the Second Degree
Bail jumping in the second degree, NY Penal Law § 215.56, is failing to appear in court on a felony case, after being released on bail or on your own recognizance, and not appearing voluntarily within 30 days. The same rule for any criminal case is bail jumping in the third degree (PL 215.55), a misdemeanor. Bail jumping in the second degree is a class E felony. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who helps people with open warrants return to court in Nassau County and Suffolk County.
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NY Penal Law § 215.56 at a glance
| Bail jumping in the second degree | |
|---|---|
| Statute | NY Penal Law § 215.56 |
| Charge level | Class E felony |
| Maximum prison term | Up to 4 years |
| The 30-day rule | No crime if you appear voluntarily within 30 days of the missed date |
| Misdemeanor version | Bail jumping in the third degree (PL 215.55), class A misdemeanor, for any criminal case |
What NY Penal Law § 215.56 says
A person is guilty of bail jumping in the second degree when by court order he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he will subsequently appear personally in connection with a charge against him of committing a felony, and when he does not appear personally on the required date or voluntarily within thirty days thereafter.
Bail jumping in the second degree is a class E felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
Bail jumping in the third degree (PL 215.55) uses the same language for any criminal action or proceeding and is a class A misdemeanor.
What the prosecutor has to prove
- A court released you, on bail or your own recognizance, on the condition that you return.
- The case against you was a felony charge.
- You did not appear on the required date.
- You did not appear voluntarily within 30 days after that date.
Penalties for bail jumping
| Outcome | What it means |
|---|---|
| Prison | Up to 4 years in state prison (class E felony), in addition to the original case. |
| Bail | A missed court date usually means a warrant and a much harder bail argument on the original case. |
| Misdemeanor version | For non-felony cases, bail jumping in the third degree is a class A misdemeanor. |
| Avoiding the charge | Returning to court voluntarily within 30 days means the bail jumping crime is not committed. |
If you missed a court date, act quickly. Coming back on your own within 30 days avoids a bail jumping charge entirely, and returning with a lawyer often prevents being held.
Missed a court date or have a warrant?
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How bail jumping charges show up on Long Island
In the cases we’ve seen over the last two years, bail jumping charges under PL 215.56 and PL 215.55 come up almost entirely in Nassau County.
Bail jumping charges usually follow an arrest on the warrant for the missed date. Returning voluntarily, with a lawyer, is far better than being picked up.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
A person charged with a felony misses a court date because of a hospitalization and does not return for six weeks. After an arrest on the warrant, they are charged with PL 215.56. The defense gathers the medical records: the reason for missing court matters to the prosecutor and the judge, even though the statute itself is strict.
Defenses to a PL 215.56 charge
- Voluntary return within 30 days. No crime is committed.
- No proper notice of the date. The court date and the condition to appear must be proven.
- Not a felony case. If the case was not a felony, the most it can be is the misdemeanor.
- Reason for missing court. Hospitalization, custody elsewhere or similar circumstances can lead to dismissal.
Related offenses
- Bail jumping in the third degree (PL 215.55), class A misdemeanor
- Tampering with physical evidence (PL 215.40)
- Violating probation in New York
- Long Island criminal defense lawyer
NY Penal Law § 215.56: frequently asked questions
What is bail jumping in the second degree in New York?
Under Penal Law 215.56, it is failing to appear in court on a felony case after being released on bail or your own recognizance, and not appearing voluntarily within 30 days. It is a class E felony.
What if I return to court within 30 days?
If you appear voluntarily within 30 days after the missed date, the bail jumping crime is not committed. You may still face a warrant and bail consequences in the original case.
What is the difference between bail jumping in the second and third degree?
Third degree (PL 215.55) applies to any criminal case and is a class A misdemeanor. Second degree (PL 215.56) applies when the underlying charge is a felony and is a class E felony.
I have a warrant for missing court. What should I do?
Call a lawyer and arrange to return to court voluntarily. Returning with counsel usually leads to a much better result than being arrested on the warrant.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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