Any time a prisoner Escapes from prison, the Weld County Jail, or custody in Greeley, they can face criminal charges. The leading lawyers at the O’Malley Office can explain your charges if you are facing Escape or Aiding Escape charges in Weld County. Below, our skilled lawyers will explain all you need to know about Escape charges. If you are facing an Escape charge or Aiding Escape charges in Fort Collins or Larimer County, get help here.
The 5 Facts About Escape are:
#1. Definition of Escape, C.R.S. 18-8-208, in Weld County
In Weld County the definition of Escape, C.R.S. 18-8-208, 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 2 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 2 misdemeanor if the person has been committed to the division of youth services in the department of human services for a delinquent act, is more than eighteen years of age, and escapes from a staff secure facility as defined in section 19-2.5-102, other than a state-operated locked facility.
(5) A person commits a 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.
It is important to note that sections 4, 4.5, and 5 were changed and went into effect as of March 1, 2022; before that date, the law was different. So, older cases will be handled differently.
#2. What Does It Mean to Escape in Windsor, Colorado from “Custody or Confinement”?
To Escape from “custody or confinement” in Windsor, is to “knowingly” leave a Colorado State Prison, the Weld County Jail, the Greeley Police holding cell, or any other detention facility or staff secure facility, work-release facility or a residential or non-residential corrections facility. The prosecution will be required to prove that the defendant acted voluntarily and knowingly to Escape custody to get a conviction.
#3. What is Aiding Escape from Custody in Weld County?
Helping a person or even attempting to help a person Escape from Custody in Weld County is a criminal offense. This means that a person who even attempts to give a prisoner in custody aid, (such as a ride in their car) or materials, can be charged and convicted of Aiding Escape. It is important to know that the prisoner they are helping does not need to Escape, for their accomplice to be charged with Aiding. For an Aiding Escape conviction, you can get a felony or misdemeanor, depending on the original charge the person you were helping get away was facing. This means that the most severe Aiding Escape is a class 2 felony, with penalties of 8 to 24 years in prison, a fine of up to $1 million, and a mandatory parole period of 5 years. If the defendant aided a person with a misdemeanor or petty offense however, they could only face penalties of up to 120 days in jail and/or up to $750 in fines.
#4. The Sentence and Penalties of an Escape from Custody in Greeley, Colorado
In Greeley courts, penalties for the Escaping from Custody depend on the criminal offense for which the prisoner is in custody and if they have been convicted yet.
| Original Offense | Sentence for an Escape Conviction | Penalties |
| Charged Only for a: Misdemeanor or Petty Offense | Petty Offense | Up to 10 days in the Weld County Jail and/or a fine of up to $300 |
| Charged Only for a: Felony | Class 4 Felony | 2 to 6 years in Colorado Department of Corrections and a fine of up to $500,000 |
| Convicted of a: Misdemeanor or Petty Offense | Class 2 Misdemeanor | Up to 120 days in jail and/or up to $750 |
| Convicted of: Another Felony | Class 3 Felony | 4 to 12 years in prison and a fine of up to $750,000 |
| Convicted of a: Class 1 or Class 2 Felony | Class 2 Felony | 8 to 24 years in prison and a fine of up to $1,000,000 |
#5. Why Hire the Leading Weld County Lawyers if You are Facing an Escape Charge?
The leading Weld County lawyers at the O’Malley Law Office work from day one with our clients to learn the details of their case, to identify common defenses, and to fight to get them the best possible outcome. With over 30 years of experience, defending criminal cases is what we do best. We understand the motivation of alleged victims, police, District Attorneys and Judges.