Escape in Florida
To be convicted of escape, there must first be a valid arrest.
Under Florida Statute 944.40, the crime of Escape occurs when a prisoner escapes or attempts to escape from a place of confinement, or when an arrested person who is being transported to or from a place of confinement escapes or attempts to escape from such lawful confinement during transportation.
Confinement Determination
Confinement is considered to have commenced at the time a suspect is arrested, because “transportation to a place of confinement” is the very first step in the confinement process. [1]
Penalties for Escape
In Florida, the crime of Escape is a Second Degree Felony punishable by up to fifteen (15) years in prison, fifteen (15) years of probation, and a $10,000 fine.
Escape is assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code and a judge may sentence a person convicted of Escape to probation, but may also impose a sentence up to the statutory maximum of fifteen years in prison.
Defenses to Escape
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, a specific defense to the crime of Escape is:
Invalid Arrest
To be convicted of escape, there must first be a valid arrest. But if a person is simply being detained during an investigation, even if they are handcuffed, there is no valid arrest and they cannot be convicted of Escape if they try to flee. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Escape in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.