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.
White-collar crimes happen behind computer screens, in boardrooms, or through a simple email. For the accused, the situation can be overwhelming. One wrong move, one misunderstood email, or even an honest mistake can lead to criminal charges. And the consequences aren’t just financial—they can destroy careers, reputations, and personal lives.
If you’re facing accusations of white-collar crime, you need to act fast. Speak to our Denver, CO criminal defense attorneys from the Law Office of Jacob Martinez to discuss your [...]
The prosecution won’t tell you this, but not all evidence holds up in court. An illegal search, a flawed drug test, or even a simple paperwork mistake can make their case fall apart. And when key evidence gets thrown out, so do a lot of drug charges. The legal system isn’t perfect, but that doesn’t mean you have to accept bad evidence being used against you. A good defense starts with challenging everything—how the drugs were found, who handled them, [...]
A traffic stop should never feel like an ambush, but for many, it does. Sometimes, what starts as a routine stop escalates into a search or detention that feels invasive—or worse, illegal. The Fourth Amendment exists to prevent this kind of overreach, but not all officers play by the rules. When law enforcement crosses the line, it’s not just wrong—it’s a violation of your constitutional rights.
At the Law Office of Jacob E. Martinez, we’re committed to protecting your rights [...]