Escaping Custody

PC-1-16

Description: It is unlawful for any person who has been lawfully detained or arrested by a peace officer—and who knows or reasonably should know they are under arrest—to escape or attempt to escape from lawful custody. This charge also applies to individuals remanded by a judge or magistrate into the custody of law enforcement, including sheriffs, marshals, or police officers, who then flee, resist transport, or otherwise unlawfully free themselves from custody.

Classification: Felony

Fine: $200

Sentence: 20 months

Key Points:

• Applies after a lawful arrest or remand to law enforcement custody.

• Includes attempted escape even if unsuccessful.

• Additional charges (e.g., assault, resisting arrest) may apply if force or violence is used during the escape.

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Examples:

• Slipping handcuffs and fleeing from a patrol car.

• Running from police while being transported to jail.

• Escaping from a courthouse holding cell after a remand order