In Weld County, if a prisoner Escapes from custody, they could face a felony criminal charge. A Colorado criminal defense lawyer can defend them from government lawyers. This charge is for anyone Escaping from jail, prison, or other institution, or helping someone to Escape. Below, our defense lawyers discuss the charge of Escape in Weld County, Colorado.
Definition of Escape, C.R.S. 18-8-208, in Greeley, Colorado
The definition of Escape, C.R.S. 18-8-208, in Greeley is:
(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.:
(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.
(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.
What are Examples of “Escape” in Escaping from Custody in Weld County
Escaping from custody in Weld County can mean a variety of things, however a key part is that a person is “knowingly” escaping from custody. Some examples that could be charged with Escaping are:
- Walking away from residential or non-residential community corrections facility, or work release facility.
- Escaping from a Greeley Police holding cell.
- Escaping from the Weld County Jail, Colorado State prison, or any other detention facility.
- If an officer has you in their police car, and a friend comes and opens the car back door and you run away.
Can a Person Be Charged with Escape for Helping a Prisoner Escape in Greeley, Colorado?
The short answer is yes, if another person helps someone in custody Escape, then they can be charged with a crime in Greeley. An example would be if you provided a ride for someone who had just left custody or confinement. This also applies even if the prisoner does not actually escape. In addition, providing materials or assistance to a person in custody even if they do not escape, can cause a charge of Escape. The sentence for aiding in an Escape is dependent on whether the person in custody was convicted, and if it was a felony or misdemeanor charge. Penalties can include jail / prison time, fines, and parole.
In Weld County, What is the Punishment and Sentence for an Escape Conviction?
The sentence and penalties for an Escape conviction in Weld County, depend on why the prisoner was in custody and the charge.
| Original Offense Class | Sentence for Escape Conviction | Penalties |
| Charged Only of a Misdemeanor or Petty Offense | Class 1 Petty Offense | Up to 6 months in Weld County Jail and a fine of up to $500 |
| Charged Only of a Felony | Class 4 Felony | 2 to 6 years in Colorado Department of Corrections and a fine of up to $500,000 |
| Misdemeanor or Petty Offense, After Conviction | Class 3 Misdemeanor | Up to 6 months in jail and a fine between $50 and $750 |
| Other Felony After Conviction | Class 3 Felony | 4 to 12 years in prison and a fine of up to $750,000 |
| Class 1 or Class 2 Felony After Conviction | Class 2 Felony | 8 to 24 years in prison and a fine of up to $1,000,000 |
If you or someone you love has been charged with or arrested for Escape, be smart, and exercise your right to remain silent. The Greeley Police do not have your best interests in mind. Contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to talk to one of our skilled lawyers. Together, we can protect your future.
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