Escape in Colorado

The attorneys at Rights & Liberties Law Firm are experienced criminal defense attorneys in Colorado who defend people charged with offenses against governmental operations including escape.

What are the elements of escape?

Escape is a crime under C.R.S. 18-8-208 which defines the offense as follows:

(1) A person commits a class 2 felony if, while being in custody or confinement following conviction of a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.

(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.

(6) A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16:

(a) Commits a class 2 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed;

(b) Commits a class 2 misdemeanor if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado;

(c) Commits a class 5 felony if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person travels outside of the state of Colorado.

(7) In a prosecution for an offense under subsection (6) of this section, it shall be a defense for any person who, while being confined pursuant to a commitment under article 8 of title 16, C.R.S., escapes and who voluntarily returns to the place of confinement.

(8) A person commits a class 5 felony if he knowingly escapes while in custody or confinement pursuant to the provisions of article 19 of title 16, C.R.S.

(9) The minimum sentences provided by sections 18-1.3-401, 18-1.3-501, and 18-1.3-503, respectively, for violation of the provisions of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section 18-1.3-407. The provisions of this subsection (9) do not apply to subsection (4.5) of this section.

(10) Repealed.

(11) If a person is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301, or is transitioning from the department of corrections to a community corrections program, or is placed in an intensive supervision program pursuant to section 17-27.5-101, or is participating in a work release or home detention program pursuant to section 18-1.3-106 (1.1), intensive supervision program or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3), is housed in a staff secure facility as defined in section 19-2.5-102, or is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section 18-1.3-204 (2.2) or 18-1.3-301 (4)(b), then the person is not in custody or confinement for purposes of this section.

Possible penalties for escape in Colorado

Degree of Escape

First Degree Burglary C.R.S. Section 18-4-202

M2 Escape 18-8-208(4) escape from custody or confinement while in custody on misdemeanor/petty municipal offense or (4.5) DYS or (6) from commitment

F5 Escape 18-8-208(6) and (8) escape from commitment if in the escape the person travels outside of the state of Colorado

F4 Escape 18-8-208(3) escape from jail while being held on felony charges but not yet convicted

F3 Escape 18-8-208(2) escape while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony

F2 Escape 18-8-208(2) while being in custody or confinement following conviction of a class 1 or class 2 felony

Possible Penalties

Petty Offense

Up to 10 days in jail; and/or
$300 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution

Class 3 Felony

4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$3,000 – $750,000 fine;
Restitution

Class 2 Felony

8-24 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$5,000 – $1,000,000
Restitution

Degree of Escape

First Degree Burglary C.R.S. Section 18-4-202

M2 Escape 18-8-208(4) escape from custody or confinement while in custody on misdemeanor/petty municipal offense or (4.5) DYS or (6) from commitment

F5 Escape 18-8-208(6) and (8) escape from commitment if in the escape the person travels outside of the state of Colorado

F4 Escape 18-8-208(3) escape from jail while being held on felony charges but not yet convicted

F3 Escape 18-8-208(2) escape while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony

F2 Escape 18-8-208(2) while being in custody or confinement following conviction of a class 1 or class 2 felony

Possible Penalties

Petty Offense

Up to 10 days in jail; and/or
$300 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution

Class 3 Felony

4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$3,000 – $750,000 fine;
Restitution

Class 2 Felony

8-24 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$5,000 – $1,000,000
Restitution

What are the defenses to escape in Colorado?

Lack of knowledge

The defendant did not knowingly attempt to escape. For an escape charge to hold, it must be proven that the individual knowingly tried to flee from custody.

Duress

The defendant was forced to escape due to immediate threats of serious harm or death posed by another, such as another inmate or rogue corrections officer.

Choice of Evils

The defendant escaped to avoid a significant and imminent danger. This defense is used when the escape was the lesser of two evils, such as fleeing from a life-threatening situation within the facility.

Unlawful Custody

The defendant was not lawfully in custody at the time of the escape. If the detention itself was illegal, the escape may be justified.

Mistaken Identity

The defendant was not the person who actually escaped. This defense applies if there is a case of mistaken identity or if the defendant was wrongly accused.

Voluntary Return

The defendant voluntarily returned to custody after the escape. This can sometimes mitigate the severity of the charges or penalties.

Insufficient Evidence

The prosecution lacks sufficient evidence to prove the escape beyond a reasonable doubt. This defense challenges the adequacy of the evidence presented by the prosecution.

These defenses can be complex and require a thorough understanding of the law. It’s crucial to consult with a knowledgeable attorney to explore the best defense strategy for each individual case.

Statute of Limitations for Escape in Colorado

In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for escape in Colorado is as follows:

Felony escape charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Misdemeanor escape charges must be filed with 18 months. C.R.S. 16-5-401(1)(a.5)
Petty escape charges must be filed within 6 months. C.R.S. 16-5-401(1)(a.5)

Contact the attorneys at Rights & Liberties Law Firm to Fight for You Today

If you’ve been charged with escape contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:

The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.