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Escaping from Police Custody

Being charged with escape from police custody in Colorado is a serious offense that can dramatically increase the penalties you already face. Escape-related crimes suggest a willful disregard for lawful authority and are prosecuted aggressively. A conviction can result in felony-level punishment, including additional prison time, steep fines, and a permanent criminal record that compounds the consequences of any underlying charges.

Colorado Escaping from Police Custody Attorney

Colorado law defines escape broadly, covering not only breaking out of jail or prison, but also leaving custody after an arrest, walking away from a detention facility, or failing to return from work release or furlough. Because these cases involve both criminal procedure and personal liberty, the stakes are extremely high.

At the Law Office of Matthew A. Martin, P.C., we understand that many alleged escapes stem from misunderstandings, panic, or extraordinary circumstances. We fight to ensure that clients accused of escape receive a strong, fair defense.

If you or someone you love has been accused of escape from custody, call (303) 725-0017 to schedule your free consultation today.

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Colorado Laws on Escape from Custody

Under C.R.S. § 18-8-208, escape is defined as knowingly departing from lawful custody or confinement without permission. Custody includes arrest, jail, prison, community corrections facilities, work release, and even certain treatment programs ordered by a court.

Forms of escape include:

  • Breaking out of jail or prison
  • Leaving police custody after an arrest
  • Failing to return from work release, furlough, or home detention
  • Walking away from a halfway house or community corrections facility

Importantly, the law does not require the use of force, simply leaving custody without authorization is enough to be charged.

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How Escaping from Police Custody Affects Existing Charges

When a person attempts to escape or leaves custody in Colorado, the consequences extend far beyond the new escape charge itself. Escaping custody can significantly impact how the courts handle the original charges the person was already facing, often making the situation much worse.

Loss of Credibility and Trust

  • Judges and prosecutors may see an escape attempt as evidence that the accused is unwilling to comply with court orders.
  • This loss of credibility can harm plea negotiations, bail requests, or efforts to obtain probation instead of jail.

Harsher Sentencing on Original Charges

  • Colorado law allows judges to consider escape behavior as an aggravating factor when sentencing for the original crime.
  • A defendant who might have been eligible for probation, community service, or treatment alternatives may instead face incarceration.

Consecutive Sentencing

  • In many cases, courts will order the sentence for escape to run consecutively (back-to-back) with the sentence for the original charge.
  • This means even if someone is convicted of a misdemeanor or lower-level felony, an escape conviction can substantially increase the total time behind bars.

Impact on Bail and Pretrial Release

  • Attempting escape almost always results in revocation of bail or bond.
  • The accused may be held in custody until trial, even if they were originally eligible for release.

Influence on Jury Perception

  • If a case proceeds to trial, prosecutors may argue that escape shows “consciousness of guilt,” meaning the defendant fled because they knew they were guilty.
  • While defense attorneys can counter this argument, the escape attempt may negatively influence jurors.

An escape charge not only adds new penalties but also makes defending the underlying case more difficult. What might have been a negotiable or defendable charge can become much harder to fight once prosecutors argue that the defendant tried to evade justice.

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Key Elements Considered by a Jury

When deciding an escape case, a jury in Colorado may consider:

  • Was the Defendant in Lawful Custody?
     The prosecution must show the person was legally detained under arrest, confinement, or court order.
  • Did the Defendant Leave Without Permission?
     Proof that the accused knowingly departed or failed to return is central.
  • Use of Force or Violence
     If force, threats, or weapons were used, penalties increase significantly.
  • Circumstances of the Departure
     Was the escape deliberate, or was it the result of confusion, emergency, or mistake?

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Penalties and Aggravating Factors

The severity of penalties for escape depends on the type of custody and the underlying charge.

Basic Penalties

  • Escape from a Misdemeanor Custody or Detention: Class 2 Misdemeanor (up to 120 days in jail and up to $750 in fines).
  • Escape from Felony Custody or Confinement: Class 4 Felony (2 to 6 years in prison and up to $500,000 in fines).
  • Escape Involving Force, Threats, or Weapons: Class 3 Felony (4 to 12 years in prison and up to $750,000 in fines).

Aggravating Factors

  • Violence During Escape — Using force or a weapon elevates the charges.
  • Underlying Charge Severity — Escaping while held on felony charges increases penalties.
  • Repeat Offenses — Prior convictions for escape or resisting arrest can lead to harsher sentencing.
  • Extraordinary Risk Classification — Felony escapes may qualify as extraordinary risk crimes, extending maximum sentences.

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Defenses to Escape Charges in Colorado

Not every departure from custody is a willful escape. Possible defenses include:

  • Lack of Knowledge or Intent
     If the accused did not knowingly leave custody (e.g., misunderstanding conditions of release), intent may not be proven.
  • Unlawful Custody
     If the original arrest or detention was unlawful, escape charges may be challenged.
  • Emergency Circumstances
     Leaving custody due to a legitimate emergency (such as medical crisis or imminent danger) may provide a defense.
  • Mistaken Identity
     In cases where multiple people are involved, the wrong person may be accused of escape.
  • Insufficient Proof
     If prosecutors cannot establish that the defendant was under lawful custody at the time, the escape charge cannot stand.

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Role of a Denver Escape Defense Attorney

A skilled attorney plays an essential role in escape cases by:

  • Investigating the Facts — Reviewing arrest records, detention logs, and witness testimony.
  • Challenging Key Elements — Questioning whether custody was lawful, or whether the departure was intentional.
  • Protecting Against Harsh Penalties — Working to reduce charges, avoid stacked prison sentences, or secure alternatives to incarceration.
  • Guiding Clients — Providing clear, compassionate support through an intimidating legal process.

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Frequently Asked Questions

What counts as escape in Colorado?
 Any knowing departure from lawful custody without authorization, including breaking out of jail, fleeing after arrest, or failing to return from work release.

Is escape always a felony?
 Not always. Escaping misdemeanor custody may be charged as a misdemeanor, but felony custody escapes are charged as felonies.

Can I go to prison for escape?
 Yes. Escape from felony custody can lead to years in state prison, in addition to any sentence for the original offense.

What if I left custody because of an emergency?
 Emergency circumstances may be used as a defense, depending on the facts.

Does resisting arrest count as escape?
 Resisting arrest is a separate charge, but fleeing custody after being placed under arrest may be treated as escape.

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Resources

Colorado Revised Statutes § 18-8-208 – Escape – Full statutory text on escape offenses in Colorado.

Colorado Judicial Branch – Criminal Jury Instructions – Official jury instruction guidance, including escape and custodial offenses.

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Hire an Escape Defense Attorney in Denver, Colorado

If you are accused of escape from police custody, you need immediate legal representation. The consequences can add years to your sentence and permanently affect your future. Call (303) 725-0017 today for a free consultation with the Law Office of Matthew A. Martin, P.C.

We represent clients throughout the Denver metro area, including Jefferson, Douglas, Arapahoe, Broomfield, Adams, and Boulder counties.