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Escape / Attempted Escape

In Colorado, the crime of “escape” or “attempted escape” is defined under CRS 18-8-208. The crime of escape occurs when an individual knowingly leaves, attempts to leave, or fails to return to lawful custody after an arrest, conviction, or detention. Escape is considered an obstruction of justice.

Escape charges can apply to individuals in jail, prison, detention centers, or any form of law enforcement custody, including work release and home detention programs. Depending on the circumstances, an escape conviction can lead to significant additional prison time, fines, and harsher confinement conditions.

Denver Lawyer for Escape Charges

Whether your actions were incorrectly labeled as an escape attempt or you made a mistake in a tense moment, being charged with escape or attempted escape exacerbates your underlying charges. If you have been charged with escape or attempted escape, you need to contact a criminal defense attorney immediately.

Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your rights. Matthew Martin represents clients throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.

Overview of Escape Charges

Attempted Escape under Colorado Law
Penalties for Attempted Escape
Defenses for Attempted Escape
Frequently Asked Questions
Hire an Attorney for Attempted Escape

Escape under Colorado Law

A person commits escape under CRS 18-8-208 when they:

Knowingly leave lawful custody without permission.
Attempt to flee from a correctional facility or while being transported.
Fail to return after temporary release (e.g., work release, home detention, or medical furlough).

Escape applies to individuals who are:

Under arrest (before trial or sentencing).
Convicted and serving a jail or prison sentence.
Being held in pretrial detention or a juvenile facility.

The law does not require the person to successfully escape—an attempt alone can result in an escape charge.

Penalties for Escape in Colorado

The severity of an escape charge depends on the original offense for which the person was in custody.

Custody Status at Time of Escape	Escape Charge Classification	Penalties
Held for a misdemeanor	Class 2 Misdemeanor	Up to 120 days in jail and/or fines up to $750
Held for a felony	Class 4 Felony	2 to 6 years in prison, fines up to $500,000
Escaping from a correctional facility after a felony conviction	Class 3 Felony	4 to 12 years in prison, fines up to $750,000
Escaping while in a community corrections program	Class 3 Felony	4 to 12 years in prison, fines up to $750,000
Escaping while using or threatening force, weapons, or intimidation	Class 2 Felony	8 to 24 years in prison, fines up to $1,000,000

Additional Consequences of an Escape Conviction

Extra prison time added to the original sentence (consecutive sentencing).
Loss of parole or good behavior credit.
Harsher confinement conditions (e.g., maximum security, restricted privileges, or solitary confinement).

Types of Escape Charges in Colorado

Escaping from Jail or Prison

This includes:

Breaking out of a facility.
Overpowering guards or staff.
Using fake credentials or disguises to leave custody.

Failing to Return from Temporary Release (Furlough or Work Release)

People in work release programs, halfway houses, or on temporary medical furloughs must return at scheduled times. If they fail to do so, they can be charged with escape.

Attempting to Escape Custody During Arrest or Transport

A person who tries to flee while being arrested, transported, or booked into jail can face escape charges.

Escaping While on House Arrest or Electronic Monitoring

People assigned to home detention or GPS monitoring must stay within their designated area. Removing an ankle monitor or leaving home without authorization counts as escape.

Escaping with Force or Weapons

If an escape attempt involves violence, threats, or weapons, the charges become much more severe.

Legal Defenses Against an Escape Charge

Unlawful Detention or Arrest

If the original arrest was illegal or the person was wrongfully detained, they may argue that their escape was not a crime.

Duress or Threats from Others

If the escape was forced or coerced by another inmate, this may be a valid defense.

Medical Emergency

In rare cases, an escape may be justified due to a life-threatening medical emergency.

No Intent to Escape

Some defendants may argue they did not knowingly attempt to escape.

Mistaken Identity

If the prosecution cannot prove the accused person actually escaped, they may have a weak case.

Frequently Asked Questions

Is attempting to escape the same as a successful escape?

Yes. Under CRS 18-8-208, attempting to escape is just as serious as actually escaping. Even if a person is caught before they fully escape, they can still be charged.

Can I be charged with escape if I accidentally failed to return from work release?

It depends. If the prosecution can prove that you intended to escape, you may be charged. However, if the failure to return was due to an accident or miscommunication, a defense attorney may argue that no crime occurred.

Does an escape charge affect parole eligibility?

Yes. An escape conviction can delay or revoke parole eligibility and may lead to harsher conditions upon release.

What happens if I escape from house arrest?

Leaving a designated area while on house arrest or electronic monitoring is considered escape, which can lead to felony charges.

Hire an Attorney for Attempted Escape Charges

An escape conviction can have life-altering consequences, even if the attempt was unsuccessful. Do not face these charges alone—a strong defense strategy can make a difference.