Although “escape from custody” may invoke thoughts of Shawshank Redemption or some other movie, the charge of escape from custody is a charge that arises frequently and in many different contexts across our state.
When facing an “Escape” charge, one of the most important and initial questions comes down to ‘why you were in custody in the first place.’ This matters because the charge will be prosecuted differently depending on the reason for the initial detention.
A person who is in custody or confinement following the conviction of class 1 or class 2 felony, and knowingly escapes from said custody or confinement, has committed a class two felony. Therefore, someone convicted of escape in this context could be sentenced to between 8 and 24 years in prison and/or a fine from $5,000 – $1,000,000.
A person who is in custody or confinement following the conviction of class 1 or class 2 felony, and knowingly escapes from said custody or confinement, has committed a class two felony. Therefore, someone convicted of escape in this context could be sentenced to between 8 and 24 years in prison and/or a fine from $5,000 – $1,000,000.
A person who is in custody or confinement following the conviction of any felony other than aclass 1 or class 2 felony, and knowingly escapes from said custody or confinement, has committed a class three felony. Therefore, someone convicted of escape in this context could be sentenced to between 4 and 12 years in prison and/or a fine from $3,000 – $750,000.
A person who is in custody or confinement for a felony, but hasn’t been convicted in that matter, yet knowingly escapes from said custody or confinement, has committed a class four felony. Therefore, someone convicted of escape in this context could be sentenced to between 2 and 6 years in prison and/or a fine from $2,000 – $500,000.
A person who is in custody or confinement following a conviction for a misdemeanor, petty offense, or a municipal offense, and knowingly escapes from said custody or confinement, has committed a class 3 misdemeanor. Therefore, someone convicted of escape in this context could be sentenced to up to 6 months in jail and/or a fine of up to $750.
Escape charges are unique in that the Court may be limited in its ability to sentence someone to probation. Further, an escape conviction can take an already-bad situation and make it much worse. There are defenses that are uniquely applicable to this charge and may be relevant to your case.
Contact the Law Office of Jacob E. Martinez today in order to set up an initial consultation with an experienced criminal defense attorney.
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