Escape and Aiding Escape are serious criminal charges. If you are facing charges of escape you should consult with a Denver criminal defense attorney immediately.

When a person is in jail or prison and they run from the Department of Corrections, or the Boulder, Denver, Adams, or Jefferson county jail they can be charged with escape. This doesn’t always mean that the person broke out of a facility, it can even be charged when a person simply leaves a work release or other type of less restrictive program like community corrections.

Aiding escape occurs when a friend or family member helps the person escape. This can occur when the person provides a ride, but it can even occur when the person simply provides money to the person who escapes.

The Colorado escape statute is as follows:

  • 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.
  • 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.
  • 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.
    • 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.
  • 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.
  • 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.
  • A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16, C.R.S.:
    • 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;
    • 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;
    • 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.
  • 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.
  • 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.
  • 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.
  • Repealed
  • 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.

Contact a Colorado criminal defense lawyer representing clients in Denver, CO today to schedule your initial consultation.

The Colorado Aiding Escape statute is as follows:

  • 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.
  • “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.
  • “Assist” includes any activity characterized as “rendering assistance” in section 18-8-105.
  • Aiding escape is a class 2 felony if the person aided was in custody or confinement as a result of a conviction of class 1 or class 2 felony.
  • Aiding escape is a class 3 felony if the person aided was in custody or confinement as a result of a conviction of any felony other than a class 1 or class 2 felony.
  • 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.

If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Denver, Colorado, and surrounding area. The Savela Law Firm, P.C. Give us a call at (720) 821-1001 or complete our inquiry form.

If you have been charged with escape an experienced Denver criminal defense lawyer is essential. Get in touch with experienced Denver escape defense attorney Jason Savela by calling (720) 821-1001.