Category: Criminal Offenses · Statute: F.S. 944.40 · Source: Florida Legislature
Understanding Escape in Florida
Under Florida Statute Section 944.40, the crime of escape occurs when an individual departs from lawful custody. This offense applies not only to prisoners who break out of state correctional institutions or county jails, but also to individuals who flee from lawful arrest, transport vehicles, juvenile detention facilities, or court-ordered residential treatment programs. To secure a conviction, the state must prove that the defendant was in lawful custody, meaning they were under legal arrest or confined pursuant to a court order, and that they consciously intended to escape that custody.
The severity of an escape charge depends heavily on the circumstances of the flight. Generally, escaping from confinement or lawful custody is classified as a second-degree felony, carrying a penalty of up to 15 years in prison. However, if the individual uses force, violence, or the threat of violence against correctional officers, law enforcement, or bystanders during the escape, the charge is elevated to a first-degree felony. This carries a maximum penalty of up to 30 years in prison and can significantly impact any underlying criminal charges the individual was already facing.
How Escape Charges Impact Bail and Pretrial Release
An escape charge severely jeopardizes a defendant's chances of securing pretrial release or a reasonable bail bond. Under Florida law, judges evaluate whether a defendant poses a flight risk when setting bail. A prior conviction or a pending charge for escape serves as direct evidence that the defendant is unwilling to submit to lawful authority. Consequently, judges frequently deny bail entirely for escape charges or set the bond amount exceptionally high, often requiring strict supervision conditions, such as electronic GPS monitoring, if release is granted at all.