New Jersey’s statute 2C:29-5, Escape, provides legal recourse for a variety of actions, by a variety of actors in the state.
Most prominently, a person who removes him or herself from jail or prison, or doesn’t return to jail or prison after a temporary leave, is in violation.
The charge will be graded as a crime of the third degree, with a possible three to five year sentence for conviction, unless threats, force, or a deadly weapon are used in the escape.
In that case, the charge elevates to the second degree, and conviction will result in a five to 10 year sentence.
People on parole can also be charged with escape under the statute.
Going into hiding, fleeing the state, or otherwise avoiding mandatory supervision is a crime of the third degree, with a possible three to five year sentence if convicted.
Prison guards or others who recklessly or knowingly allow a person under detention to escape will be charged with a crime of the third degree, except in cases where threats, force, or a deadly weapon are used to facilitate the escape.
In those cases, as with the person who actually escapes, the defendant will be charged with a crime of the second degree and face a five to 10 year sentence if convicted.
Escape charges can be hard to defeat, because on one level, everyone understands the basic concept.
A prosecutor doesn’t have to teach a jury complicated legal concepts or highlight elements of obscure laws to make their case.
You need an attorney who can effectively counter the allegations and fact pattern the prosecutor will produce.
Matthew Reisig has defended clients in New Jersey against even serious criminal charges for nearly 20 years.
Call 732-625-9661 today for a free consultation with an experienced New Jersey criminal defense attorney.