Escape from Jail Law & Defense
Information on the crime of escaping from jail or prison is found at California penal code section 4532.
PC 4532 Laws
PC 4532(a)(1): Every prisoner arrested and booked for, charged with, or convicted of, a misdemeanor ..., who is confined in any county or city jail, prison, industrial farm, or industrial road camp..., and who thereafter escapes, or attempts to escape, is guilty of escape from jail (Abbrev.).
PC 4532(a)(2): If the escape, or attempt to escape, described in PC 4532(a()1), is committed by force or violence, the person is guilty of escape from jail by force (Abbrev.).
PC 4532(b)(1): Every prisoner arrested and booked for, charged with, or convicted of a felony, and every person committed by order of the juvenile court, who is confined in any county or city jail, prison, industrial farm, or industrial road camp,... who escapes or attempts to escape ... , is guilty of escape from jail or farm by a felon (Abbrev.).
PC 4532 Penalties
PC 4532(a)(1) Escape from jail or farm without force or violence is charged as a felony. If found guilty of PC 4532(a)(1), the defendant may face up to one year in the county jail.
PC 4532(a)(2) Escape from jail or farm with force or violence is charged as a felony. If found guilty of PC 4532(a)(2), the defendant could face up to six years in prison.
PC 4532(b)(1) Escape from jail by a felon from a farm without force or violence is charged as a misdemeanor or as a felony. If found guilty of PC 4532(b)(1) as a felony, the defendant could face up to three years in jail. If found guilty PC 4532(b)(1) as a misdemeanor, the defendant could face up to one year in jail.
Probation Sentence: A probation sentence is a period of supervision instead of a jail sentence. Probation sentences are allowed in PC 4532 cases but some PC 4532 crimes will require the court to find unusual circumstances before the court allows a defendant to serve a probation sentence (as opposed to an actual jail or prison sentence).
Note: Any jail or prison sentence that is imposed against the defendant after a conviction for escaping from jail or prison will not start until the defendant has completely served his or her underlying jail or prison sentence from which he or she escaped.
PC 1170(h): PC 4532(b)(1) is not eligible for alternate sentencing pursuant to PC 1170(h). This means that if the defendant is convicted for escaping from a jail or prison, and he or she is not granted a probation sentence, then he or she must serve his or her prison sentence in a California sate prison (as opposed to a local county jail), and no part of that prison sentence may be split or suspended.
Three Strikes Law: Any escape from jail or prison (or work farm that serves as a place of confinement) that results in injury to a peace office is a strike offense in California. However, PC 4532(b)(1) Escape from farm without injury is not considered a strike offense under California's Three Strikes Sentencing Law.
Bail: Bail is a surety bond, paid by the defendant, that is intended to serve as a guarantee that the defendant will appear in court as ordered. In San Bernardino County, the scheduled bail amount for PC 4532(b)(1) Escape from jail or farm, is $100,000. Other escape from jail crimes may require different bail amounts.
Note: Sometimes, the defendant may be released from jail without the need for bail. This is known as an own recognizance release (OR), which basically means that the defendant is being trusted to show up to court when ordered without the need to pay (post) a surety bond. Whether or not a defendant will be granted an OR release depends mostly on the defendant's criminal history and his or her risk of flight from prosecution.
In addition to any jail or prison sentence that may be imposed against the defendant after a conviction for escaping room jail or prison, if found guilty of PC 4532 crimes, the defendant may suffer any of the following penalties: increased punishment for future crimes, loss the right to own or possess firearm, fines and fees, denial of entry into the United States armed services , immigration and professional licensing consequences, and more.
PC 4532 Defenses
Common defenses to a charge of escaping from jail or prison include: insuffient evidence to prove an attempt to escape, duress, mistake of fact (especially about the scheduled time to return to a farm or report back to a place of confinement), emergency or necessity , insanity , and more.
If you have been arrested or charged with the crime of escape from jail or prison, or PC 4532 crimes, contact out criminal defense lawyers today for a free consultation. Our criminal defense lawyers will patiently explain your rights and defense options and we are available to serve you seven days a week.
Quick Legal Reference
Crime: Escape from Jail or Farm by Felon
Code: PC 4532(b)(1) (CalCrim No. 2760 et seq.)
Wobbler: Yes. PC 32 is a wobbler crime. This means that PC 4532(b)(1) may be charged as a felony or as a misdemeanor.
Incarceration: Felony PC 4532(b)(1) prison sentence range: 16 months, 2 or 3 years (if probation not granted). Misdemeanor jail sentence up to 1 year.
Probation: Probation is not common but may be available in unusual PC 4532(b)(1) cases (assuming crimes or enhancements that bar probation sentences are not present). Whether or not a probation sentence is offered by the District Attorney, or granted by the court, depends on several factors, including the defendant's criminal history and the facts of the case.
PC 1170(h)): No. Felony PC 4532(b)(1) is not subject to PC 1170(h) sentencing. This means that any non-probationary sentence incarceration for a felony conviction must be served in state prison (as opposed to a county jail), and the prison sentence may not be split or suspended.
Strike: PC 4532(b)(1) is not a strike offense listed in California's Three Strikes law.
Credits: 50% good conduct credits available.
Firearms: Felony PC 4532(b)(1) convictions prohibit a defendant from owning or possessing a firearm.
Bail: $100,000 if not yet convicted while in jail; no bail if already convicted while in jail (San Bernardino County)
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