Escape from Custody in Texas

Getting away from the police or running off after you’ve been arrested is called Escape from Lawful Custody. This charge can happen when someone is arrested or when a person in a halfway house doesn’t come back from their work release. It’s not always like what you see in movies with people running from the police, but the consequences for this offense are serious, whether it’s accidental or intentional.

Let’s explore an interesting topic that has caught the attention of many. Whether you’ve seen it in movies or heard about it in the news, getting away from where you’re supposed to be is a serious matter in the eyes of United States law. In this blog post, we’ll discuss escaping custody, the consequences that might follow, and how you can protect yourself.

What Does Escaping From Custody Mean?

In Texas, “Escaping from Custody” means committing a crime by purposefully getting away from lawful confinement when a person is in the custody of a peace officer. This usually happens when someone is held or arrested by law enforcement, and they intentionally avoid or elude those holding them. The offense covers actions like physically breaking free and running away from custody. It also includes taking intentional steps to stay away from lawful confinement.

Elements of Escaping from Custody

The offense of escape from custody is generally covered under Texas Penal Code § 38.06. The elements of the offense may include:

  1. Custody by a Peace Officer: The individual must be detained by law enforcement, such as when they are apprehended or arrested by a police officer.
  2. Escape: The individual must intentionally escape from that lawful custody. This could involve physically breaking free, fleeing from custody, or taking actions that result in evading lawful confinement.
  3. Knowledge of Custodial Status: The person must be aware that they are in custody. This means they understand that a law enforcement officer has detained or arrested them.

Penalties for Escape from Custody

Generally, escaping is seen as a Class A misdemeanor in Texas. However, depending on the situation, the seriousness of the offense might be made worse.

If the person attempting to escape has been arrested for a serious crime or has already been convicted of an offense, and they are held in a secure place like jail or a police facility, then the crime of escaping becomes a third-degree felony, which is a more severe kind of crime.

If the person escaping hurts someone while doing it, the crime of escape becomes a second-degree felony, which is a more serious type of crime.

Finally, if the person trying to escape hurts someone and causes serious harm or death, it can be considered a first-degree felony. Particularly if they use or threaten to use a dangerous weapon during the escape.

The Best Legal Defenses

Facing escape charges is frightening, but a lawyer who knows about criminal defense can help a lot. They can use different plans to make a strong defense for you. Here are some essential defense approaches:

  1. Mistakes in the process: If there were any mistakes in the procedures or violations of constitutional rights that led to the escape, it could weaken the prosecution’s case. Errors during the arrest or detention process may impact the strength of the case against the accused.
  2. Lack of intent: Proving intent is crucial in escape cases. If the defense can establish that the escape was accidental or not planned in advance, it might reduce the seriousness of the charges.
  3. Duress: If the defendant escaped involuntarily while under the influence of drugs or alcohol, or if they were forced to escape under pressure, this could be a valid defense.
  4. Challenging evidence: They challenge the evidence, making sure it was legally obtained and is acceptable in court.
  5. Mental health considerations: In certain situations, mental health problems could play a role in an escape.

Arrested? Don’t Plea, Call Me!

In facing escape from custody charges in Texas, securing the services of a skilled criminal defense attorney is paramount. A seasoned attorney’s expertise is essential in navigating the intricate legal landscape and understanding the nuances of the offense. They are also crucial in crafting a robust defense.

A criminal defense attorney is essential in examining errors, establishing intent, and addressing various factors. They are instrumental in safeguarding the accused’s rights. Additionally, they work towards achieving the best possible outcome. Their knowledge ensures a strategic approach tailored to the specific circumstances of the case. It’s vital support for those dealing with the serious consequences of escaping custody in Texas.