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Escape and Aiding Escape – C.R.S. 18-8-208, 18-8-201

Learn more about Escape and Aiding Escape charges in Colorado.

When you hear the words “escape,” images of getaway vehicles and daring escapes from custody come to mind. But, the reality of being charged with Escape or Aiding Escape is much tamer. Let’s take a look at these two crimes in Denver, Arapahoe, and Douglas County in order to better understand the charges.

Escape is often charged when people walk

away from work release or a similar program.

What is Escape?

When a person in custody intentionally runs from officials at the Jefferson, Adams, or El Paso County jail, or the Colorado Department of Corrections, he or she can be charged with Escape. Charges can also be the result of simply walking away from a work release or community corrections program. In other words, anytime that you walk away from a program where you are under the authority of officials, you are considered to be escaping. Like every other charge, especially police-involved crimes, there are consequences which can have a long-term effect on your life.

What is
Aiding Escape?

If a friend or family member knowingly assists in this escape in any way (providing a car, money, blueprints of the building, shelter, a place to hide, or devices to aid in the escape), then he or she will be charged with aiding an escape in Boulder and Grand County, or anywhere in Colorado. The severity of the charges for Aiding Escape charges is determined based on the escapee’s original crime. Sometimes, the person who aided in the escape ends up being charged with a more serious offense than the person who actually escaped.

What is the Sentence for
Escape and Aiding Escape?

Consequences for running from the law vary depending on the reason you are in jail or awaiting your sentence – in other words, what level of crime you have been charged with. For example, if you are imprisoned after a conviction for a class 1 or 2 felony and you escape, you will be charged with class 2 felony. The classification is less serious if you have not yet been convicted. Aiding Escape is charged in the same way – the classification severity depends on the original charges or conviction of the escapee you are trying to help.

An aggressive criminal defense attorney will

help you get the best possible outcome in your case.

Facing Escape Charges? Why You Need an Expert Criminal Lawyer

If you or someone you know has been charged with Escape or Aiding Escape, it is important that you seek the help of a hard-hitting criminal defense attorney. The skilled lawyers at the O’Malley Law Office have been defending clients who have been charged with this crime for many years. We understand you don’t want to feel like you are trapped or caged in and therefore sought a way out. Maybe, you needed to be with a family member; or maybe, you just wanted to help. Either way, we are here to help you in your time of need. Fight for your future by contacting a lawyer who will aggressively fight for your rights in the courtroom.

Get Help Now

If you or a loved one has been charged with Escape or Aiding Escape, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880. Together, we can protect your future.
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(1) Any person who knowingly aids, abets, or assists another person to escape or attempt to escape from custody or confinement commits the offense of aiding escape.

(2) “Escape” is deemed to be a continuing activity commencing with the conception of the design to escape and continuing until the escapee is returned to custody or the attempt to escape is thwarted or abandoned.

(3) “Assist” includes any activity characterized as “rendering assistance” in section 18-8-105.

(4) Aiding escape is a class 2 felony if the person aided was in custody or confinement as a result of conviction of a class 1 or class 2 felony.

(5) Aiding escape is a class 3 felony if the person aided was in custody or confinement as a result of conviction of a class 1 or class 2 felony.

(6) Aiding escape is a class 1 misdemeanor if the person aided was in custody or confinement and charged with, held for, or convicted of a misdemeanor or a petty offense.

(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 3 misdemeanor if, while being in custody or confinement following a 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 3 misdemeanor if he or she has been committed to the division of youth corrections in the department of human services for a delinquent act, is over eighteen years of age, and escapes from a staff secure facility as defined in section 19-1-103 (101.5), C.R.S.., other than a state operated locked facility.

(5) A person commits a class 1 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, C.R.S..:

(a) Commits a class 1 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado;

(b) Commits a class 1 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, 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) A person who 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) is not in custody or confinement for purposes of this section.