Escape Defense In Lake County

Escape

Florida law provides a broad definition of escape that covers everything from fleeing a police cruiser to failing to return from a lawful furlough. The State does not need to prove you scaled a wall; they only need to prove you intentionally avoided “lawful confinement.”

The Penalties: A Second-Degree Felony

Escape is classified as a Level 6 offense under Florida’s Criminal Punishment Code, meaning it carries a high point value that often leads to a recommended prison sentence, even for those with clean records.

• Maximum Sentence: Up to 15 years in Florida State Prison and a $10,000 fine.

• The “Consecutive” Requirement: By law, any sentence for escape must run consecutively to any other sentence you are currently serving. This means you cannot start serving your time for escape until your original sentence is completely finished.

• Juvenile Escapes (F.S. § 985.721): Escaping from a residential commitment facility or juvenile detention center is typically a Third-Degree Felony, punishable by up to 5 years in prison.

When Does “Fleeing” Become “Escape”?

The timing of the arrest is the most common point of legal contention. To be guilty of escape, you must have been in lawful custody. This requires:

1. An officer’s intent to arrest you;
2. A communication of that intent that you understood; and
3. Your submission to authority or a physical “touching” by the officer.

Crucial Distinction: If you run away before the officer successfully places you under arrest, you may be guilty of Resisting Officer Without Violence (a misdemeanor), but you cannot be charged with Escape (a felony).

Strategic Defenses: How We Fight Escape Charges

Lewis Defense Law utilizes specialized defenses to challenge the State’s narrative and seek a reduction or dismissal of charges:

• Invalid Arrest: If the initial arrest was illegal or lacked probable cause, you cannot be convicted of escaping from that custody. Attorney Lewis will audit the officer’s actions to ensure your constitutional rights were not violated from the start.

• Lack of Intent: Argue that there was no “specific intent” to avoid confinement. For example, if a person on furlough or work release misses a check-in due to a medical emergency or a vehicle breakdown, the “willfulness” required for an escape charge is missing.

• Inadequate Communication: If the officer never clearly stated you were under arrest, or if the environment was too chaotic for you to understand you were in custody, the legal threshold for escape has not been met.

• Necessity or Duress: In rare cases, if an inmate escapes to avoid immediate, life-threatening harm or sexual assault within a facility, Attorney Lewis may be able to argue a “necessity” defense.

The Lewis Defense Law Advantage

When you are charged with a crime against the State’s authority, you need a defense that is equally authoritative.

• Former Felony Prosecutor: I have seen how the State prepares escape cases. I know how to spot when an officer is “over-charging” a simple resisting case to make it look like a felony escape.

• Trial Ready: If the State refuses to acknowledge that your arrest was technically incomplete, Attorney Lewis is ready to take that argument to a jury. My trial experience ensures your side of the story is told with precision.

• Local Lake County Insight: Having practiced in the Fifth Judicial Circuit, I understand how local judges and prosecutors weigh escape charges on a scoresheet. Lewis Defense Law will work to mitigate your “points” to keep you out of state prison.