In Weld County, if a defendant is in custody of law enforcement and then Escapes, they will face additional criminal charges. Those additional charges can be either a felony or a misdemeanor, depending on whether you were convicted of another felony or misdemeanor crime at the time of your Escape, or whether you were being charged with one of these crimes. The more serious the conviction or potential conviction, then the higher the level of Escape charge you would face. The attorneys at the O’Malley Law Office discuss details of an Escape charge and what you need to know if you are facing this charge. Are you in Fort Collins or Larimer County and facing an Escape charge? You can find an Escape Attorney here.
Colorado Definition of Escape, C.R.S. 18-8-208 – Felony Escape and Misdemeanor Escape
In Colorado the definition of Escapes, C.R.S. 18-8-208, as:
(1) A person commits a class 2 felony if, while being in custody or confinement following conviction of a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.
(2) A person commits a class 3 felony if, while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.
(3) A person commits a class 4 felony if, while being in custody or confinement and held for or charged with but not convicted of a felony, he knowingly escapes from said custody or confinement.
(4) A person commits a class 3 misdemeanor if, while being in custody or confinement following conviction of a misdemeanor or petty offense or a violation of a municipal ordinance, he or she knowingly escapes from said place of custody or confinement.
(4.5) A person commits a class 3 misdemeanor if he or she has been committed to the division of youth corrections in the department of human services for a delinquent act, is over eighteen years of age, and escapes from a staff secure facility as defined in section 19-1-103 (101.5), C.R.S., other than a state-operated locked facility.
(5) A person commits a class 1 petty offense if, while being in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense or violation of a municipal ordinance, he or she knowingly escapes from said custody or confinement.
(6) A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16, C.R.S. (Mental Health or Insanity):
(a) Commits a class 1 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed;
(b) Commits a class 1 misdemeanor if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado;
(c) Commits a class 5 felony if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person travels outside of the state of Colorado.
(7) In a prosecution for an offense under subsection (6) of this section, it shall be a defense for any person who, while being confined pursuant to a commitment under article 8 of title 16, C.R.S., escapes and who voluntarily returns to the place of confinement.
(8) A person commits a class 5 felony if he knowingly escapes while in custody or confinement pursuant to the provisions of article 19 of title 16, C.R.S. (fugitives from another jurisdiction).
(9) The minimum sentences provided by sections 18-1.3-401, 18-1.3-501, and 18-1.3-503, respectively, for violation of the provisions of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section 18-1.3-407. The provisions of this subsection (9) do not apply to subsection (4.5) of this section.
(10) Repealed.
(11) A person who is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section 18-1.3-204 (2.2) or 18-1.3-301 (4) (b) is not in custody or confinement for purposes of this section.
It is important to note that two things are required someone’s conduct to be considered an Escape. The first is that the act is voluntary and the second is that the prisoner knows that what they are doing is unlawful.
Sentence and Penalties to Escape in Greeley, Colorado
The sentence and penalties for an Escape conviction in Greeley, Colorado, depend on why the prisoner was in custody and the charge. For example, if a person was convicted of a misdemeanor or petty offense and then they are convicted of Escaping, the sentence for Escape is a class 2 misdemeanor with penalties of up to 120 days in Weld County Jail and up to $750. If a defendant was convicted of a class 1 or 2 felony and they Escaped, then they would be sentenced to a class 2 felony with penalties of 8 – 24 years in a Colorado State Prison and a fine of up to $1,000,000. The penalties if a defendant escapes before they are convicted of a criminal charge are less severe than if they had already been convicted of a criminal charge at the time of their escape.
It is important to note that if someone is convicted of Escape and they are convicted of the original criminal charge, they would have to serve time for both sentences consecutively.
Common Defenses to Escape | Hiring an Experienced Weld County Criminal Defense Attorney
In Weld County, it is important that you have an attorney who understands the Weld County Court system and can successfully fight for your future. Some common defenses to an Escape charge are:
- You were not actually detained or in custody
- You did not knowingly attempt Escape custody (imagine someone on a mental health hold)
- You were not Escaping but avoiding immediate harm and can use a Choice of Evils defense
Our criminal defense lawyers have over 30 years of combined criminal law experience. Plus, we work full-time as criminal defense lawyers. Hire our attorneys when you are being accused of Escape.