Whether you are charged with escaping arrest or aiding another person in their escape, you are likely facing serious legal penalties.
In this article, we’ll go over the multiple laws governing assisting or allowing prisoner escapes in Florida, as well as their penalties and some common defenses.
Gainesville Assisting Escape Criminal Defense Lawyer
When people think of aiding an escape, they usually think of a Hollywood heist scene where the good guys save the illegally-detained prisoner. In reality, most “aiding escape” charges are much more mundane. Providing the wrong item, being coerced or even being in the wrong place at the wrong time can all lead to a charge from law enforcement that can be tricky to dispute.
If you or a loved one have been charged with aiding an escape, contact the attorneys at Galigani Law Firm. Complete a form online or call the office to get started with a free consultation at (352) 375-0812.
Attorney Galigani and his legal team accept clients throughout the greater Alachua County area including Gainesville, High Springs, Alachua, Archer, La Crosse, and Waldo.
Aiding Escape Information Center
- Assisting Escape Laws in Florida
- Common Defenses for Aiding Escape Charges
- Penalties for Aiding an Escape
- Additional Resources
- Hire an Criminal Defense Lawyer for Aiding Escape in Gainesville, Florida
Assisting Escape Laws in Florida
Florida has placed multiple laws against helping or allowing a prisoner to escape. These include:
- Escape through voluntary action of officer – Fla. Stat. 843.09
- Escape by negligence of officer – Fla. Stat. 843.10
- Conveying tools into jail to aid escape; forcible rescue – Fla. Stat. 843.11
- Aiding escape – Fla. Stat. 843.12
- Aiding escape of juvenile inmates of correctional institutions – Fla. Stat. 843.13
We’ll go over each of these laws, and their penalties, below.
Escape through voluntary action of officer
An officer allows a prisoner to escape.
While the release of Don Toretto in The Fast and the Furious made for a good plot, the reality is that Brian, the arresting officer, would be guilty of a second-degree felony, among other offenses.
Jailers, arresting officers and bailiffs are all responsible for transporting their prisoners and bringing them safe and sound to the next location. Allowing the prisoner to escape, even if they believe the prisoner to be innocent, is illegal.
Escape by negligence of officer
Sometimes, the prisoner’s custodian does not intend for the prisoner to escape, but he or she does anyway. This is often a result of the officer failing to comply with established regulations, inattention, or other factors.
Negligence is punishable as a first-degree misdemeanor.
Conveying tools into jail to aid escape; forcible rescue
Smuggling in a lockpick, digging tool, or any other device that may be used by a prisoner to escape from lawful imprisonment is a second-degree felony. Similarly, forcibly freeing a prisoner is also a second-degree felony.
However, if the prisoner is facing a small charge that is not punishable by imprisonment, then the crime is only punishable as a first-degree misdemeanor.
Finally, if a crime is committed using the tool smuggled into the prison by the prisoner, such as a stabbing, then the person who smuggled the item will be found guilty as an accessory before the fact.
Aiding escape
Similar to the above, but broader in scope, any type of assistance in helping a prisoner escape is punishable as a third-degree felony. This could include distracting a police officer or guard to provide time for a prisoner to escape.
Aiding escape of juvenile inmates of correctional institutions
The state also sets out a separate law for those that help juveniles escape from correctional institutions such as alternative schools. The penalty for doing so is a second-degree misdemeanor.
Common Defenses for Aiding Escape Charges
There are just a few key defenses that your lawyer may use to refute assisting escape charges.
- You did not know you were aiding in an escape – You may be able to argue that the inmate asked you to bring something to prison that inadvertently led to him or her being able to escape. If you did not smuggle this item, you could argue that the prison allowed the item and any responsibility may fall on the warden, not you.
- You did not provide substantial aid – Your attorney may argue that the aid you provided was not actually critical to the inmate’s escape, and that the result would have been the same if you had not rendered aid.
- You were coerced – In some cases, you may be coerced by criminals to assist in helping an inmate escape or to commit a crime. You may be able to use this to defend your actions.
- You did not aid in the escape – If you are falsely accused, you may argue that law enforcement has targeted the wrong individual. This type of defense will focus on disputing the prosecution’s evidence.
Penalties for Aiding an Escape
The penalties for helping a prisoner commit a crime or escape are harsh. We’ve laid out each one in a table below to help visualize the potential outcome of each conviction.
| Charge | Conviction Level | Max Prison Time | Max Fine |
| Escape through voluntary action of officer | Second-Degree Felony | 15 years in prison | $10,000 |
| Escape by negligence of officer | Third-Degree Misdemeanor | 1 year in jail | $1,000 |
| Conveying tools into jail to aid escape; forcible rescue | Second-Degree Felony | 15 years in prison | $10,000 |
| Aiding escape | Third-Degree Felony | 5 years in prison | $5,000 |
| Aiding escape of juvenile inmates of correctional institutions | Third-Degree Misdemeanor | 1 year in jail | $1,000 |
Additional Resources
Inmate Visitation Rules – The attached link provides information on visiting inmates (including what not to do). Some key information the guide provides includes session-length, dress code and reasons for denying and ending visitation.
Obstruction of Justice – Assisting in prisoner escapes is considered an obstruction of justice. Read more about what that entails and see more crimes that fall under the obstruction of justice umbrella.
Hire an Criminal Defense Lawyer for Aiding Escape in Gainesville, Florida
If you or a loved one have been charged with aiding an escape, contact the attorneys at Galigani Law Firm. Complete a form online or call the office to get started with a free consultation at (352) 375-0812.
Attorney Galigani and his legal team accept clients throughout the greater Alachua County area including Gainesville, High Springs, Alachua, Archer, La Crosse, and Waldo.
