Category: Criminal Offenses · Statute: F.S. 944.40 · Source: Florida Legislature
Understanding Escape from Custody in Florida
In Florida, the offense of Escape from Custody under Florida Statute Section 944.40 occurs when an individual unlawfully departs from lawful custody. This charge applies to a wide range of scenarios beyond simply breaking out of a state prison. Under Florida law, "custody" begins the moment an officer deprives a person of their freedom of movement during a lawful arrest. Consequently, a person can face escape charges for fleeing from the back of a police cruiser, running away after being told they are under arrest, or failing to return from an authorized temporary release or furlough.
The severity of the charge depends heavily on the facility involved and the manner of the escape. While escaping from a county jail is prosecuted as a third-degree felony, escaping from a state correctional institution escalates the offense to a second-degree felony. If the individual utilizes force, violence, or the threat of violence against correctional officers, law enforcement, or citizens during the escape, the offense is elevated to a first-degree felony, carrying a maximum penalty of up to 30 years in prison.
How Escape Charges Impact Bail and Pretrial Release
An escape charge severely complicates a defendant's eligibility for pretrial release. Under Florida law, judges view a history or active charge of escape as a primary indicator that the defendant is a flight risk who cannot be trusted to return to court. Consequently, judges frequently set exceptionally high bail amounts or deny bail altogether, particularly if violence was involved. Furthermore, because the act of escaping directly undermines the integrity of the judicial system, bail bond agencies view these defendants as high-risk, which can make securing a surety bond far more difficult and require substantial collateral.