Escape is a second-degree felony in the State of Florida, punishable by up to 15 years in prison.
You can be charged with escape if you are confined to a jail, prison, or other correctional facility and you leave without authorization.
You can also be charged with escape, specifically "escape while in lawful custody" if you are held by law enforcement with probable cause. Even attempting to escape can be charged under this statute.
If you are in police custody and placed under arrest, you could be charged with escape in addition to any other charges that you were initially being arrested for.
If you are charged with escape, you could face issues at your bond hearing. That's because the state will argue that you are a flight risk due to the fact that you allegedly fled police custody.
If you are a sentenced state prison inmate or are in jail pending trial and you are charged with escape, you may not be entitled to bond as a matter of law due to you existing charges.
In order to be charged with escape, you must be in custody. Simply running from the cops on foot is, at most, resisting an officer without violence.
Escaping a police pursuit in a car is fleeing and eluding.
In order to be convicted of escape, the state must prove that you were in police custody. Most escape attempts occur when somebody slips out of the back of a police unit with handcuffs on. Simply running away while be detained by police, without having been taken into custody, could not qualify as escape. That would still be resisting an officer without violence.
Eric Matheny is a criminal defense attorney representing clients in Miami-Dade County, Florida, and Broward County, Florida. Attorney Eric Matheny can be reached at (305) 542-9491.