While escaping arrest may seem like an attractive option in the moment, it is almost never the right thing to do. Whether it is through the officer’s negligence, whim, the assistance of another person, or your own ingenuity, the penalty for escaping legal custody is most often a felony.
In this article, we will cover the crime of escaping arrest, as well as the associated crimes of allowing prisoners to escape.
Gainesville Escaping Arrest Defense Attorney
It is almost never a good idea to escape arrest. However, if you have escaped either legal custody or what you believed to be illegal custody, your first step should be to contact the experienced criminal defense attorneys at Galigani Law Firm.
Dean Galigani has over 25 years experience defending clients against criminal charges. Contact his office at (352) 375-0812 to schedule a free consultation.
Attorney Galigani and his legal team accept clients throughout the greater Alachua County area including Gainesville, High Springs, Alachua, Archer, La Crosse, and Waldo.
Escape Information Center
- Escaping Arrest Charges
- Common Defenses for Escaping Arrest
- What to do After Escaping Arrest
- Penalties for Escaping Arrest
- Additional Resources
- Hire a Escape Criminal Defense Lawyer in Gainesville, Florida
Escaping Arrest Charges
Florida defines escape under Fla. Stat. 944.40.
The primary crime of escape occurs when a prisoner illegally exits the legal custody of a warden, bailiff, or other law enforcement officer tasked with transporting a prisoner. Escaping from legal custody is a second-degree felony.
The actual crime of escaping arrest varies wildly, as the circumstances of the arrest could be as dramatic as a Hollywood-level escape from a prison convoy, or as mundane as walking away from an officer after being told that you are under arrest.
Common Defenses for Escaping Arrest
There are multiple defenses against escaping arrest.
Lack of Intent: Your attorney may argue that there was no intent to resist or escape. For example, if you were not aware that you were being arrested or if the officer’s actions were misinterpreted, you might claim that you did not intentionally resist. This is common in warrantless arrest cases, and is why it is important that your require your arresting officer to identify themselves.
Unlawful Arrest: If the arresting officer did not have proper legal authority or probable cause to make the arrest, you may argue that your actions were justified because the arrest itself was unlawful. In such cases, evidence from an unlawful arrest may be challenged. In the case of traffic stops, it is usually good practice to record as much as you can and be sure to get the arresting officer’s identification number.
Excessive Force: You might argue that the officer used excessive force, which led to a reasonable belief that resistance or escape was necessary for your safety. If the police are using excessive or unreasonable force, you have a right to protect yourself. These cases are tricky however, and often require video evidence to support.
Mental State: Your attorney might argue that the you were not in a proper mental state to understand or comply with the arrest, which could be relevant in cases involving mental illness or impairment.
In general, your arresting officer is required to:
- Identify themselves as the police or some
- Provide their identification number if requested
- State that you are under arrest
- Provide the reason for arrest
- Read your rights as a prisoner
If your officer fails to fulfill the above requirements, you may have cause to believe that you:
- Are not being arrested by a legitimate officer and
- Are in serious danger
In this case, you may be justified in attempting to leave the situation.
What to do After Escaping Arrest
If you have escaped an arrest that you believe to be illegal, your first step should be to contact a criminal defense attorney. Your attorney will represent you to law enforcement and act as an intermediary.
You should not immediately turn yourself in to the police, unless instructed to do so by your attorney.
Collect all evidence that you have, and write down the notes of when the attempted arrest took place, what happened, and what was said. This will be used to help your case.
If you have escaped arrest after a lawful arrest, you should still contact an attorney. Your attorney may be able to secure a more favorable outcome than continuing to evade law enforcement.
Penalties for Escaping Arrest
Escaping arrest is a second-degree felony. In Florida, this means that you face:
- Up to 15 years in prison and/or
- A $10,000 fine
This penalty is in addition to the charges that you have been, or may be, convicted for. This is why it is almost never recommended to escape arrest, even if you believe the arrest to be incorrect or illegal.
Additional Resources
Booking Procedure – Read more about Florida’s booking procedure, including what to expect and how to spot a false arrest. Knowing how an arrest should go is a powerful defense.
Fla. Stat. 944.40 – Read the original text of Florida’s statutes to understand the definition of escaping arrest.
Hire a Escape Criminal Defense Lawyer in Gainesville, Florida
If you or someone you know have been charged with escaping arrest, then contact the Law Office of Dean Galigani. Dean Galigani has over 25 years experience defending clients against criminal charges.
Contact his office at (352) 375-0812 to schedule a free consultation.
Attorney Galigani and his legal team accept clients throughout the greater Alachua County area including Gainesville, High Springs, Alachua, Archer, La Crosse, and Waldo.
