Suppose you're serving time in a state prison in California and are accused of escaping or attempting to escape. In that case, you will likely face additional charges of escaping from prison under Penal Code 4530 PC.
This is a serious felony offense that, if proven, will likely result in a prolonged prison sentence. Depending on the circumstances, a violation of PC 4530 can result in a prison term of up to 6 years, to be served after the completion of your original sentence.
If you escape or attempt to escape without using violence or force, you can still be charged under PC 4530. Escape, in legal terms, refers to the unlawful departure of a prisoner from the physical limits of their custody.
A prisoner also escapes if they willfully fail to return to their place of confinement within the authorized period. 'Willfully' means the act was done willingly or on purpose.
The prisoner doesn't need to have left the outer limits of the institution's property. However, the prisoner must breach a wall or fence marking the security perimeter of the correctional facility. It is not sufficient for the prisoner to be merely outside the particular area within the facility where they are permitted to be.
Simply put, PC 4530 defines the crime of escape from a state prison and outlines the potential penalties. A prisoner who escapes, or attempts to escape, from a state prison, while being transported, or while working outside the prison under custody, can face additional time in prison.
What Does PC 4530 Say?
The full statutory text of California Penal Code 4530 PC says -
"(a) Every prisoner confined in a state prison who, by force or violence, escapes or attempts to escape therefrom and every prisoner committed to a state prison who, by force or violence, escapes or attempts to escape while being conveyed to or from that prison or any other state prison, or any prison road camp, prison forestry camp, or other prison camp or prison farm or any other place while under the custody of prison officials, officers or employees; or who, by force or violence, escapes or attempts to escape from any prison road camp, prison forestry camp, or other prison camp or prison farm or other place while under the custody of prison officials, officers or employees; or who, by force or violence, escapes or attempts to escape while at work outside or away from prison under custody of prison officials, officers, or employees, is punishable by imprisonment in the state prison for a term of two, four, or six years.
The second term of imprisonment of a person convicted under this subdivision shall commence from the time he or she would otherwise have been discharged from prison. No additional probation report shall be required with respect to that offense.
(b) Every prisoner who commits an escape or attempts an escape as described in subdivision (a), without force or violence, is punishable by imprisonment in the state prison for 16 months, or two or three years to be served consecutively. No additional probation report shall be required with respect to such offense.
(c) The willful failure of a prisoner who is employed or continuing his education, or who is authorized to secure employment or education, or who is temporarily released pursuant to Section 2690, 2910, or 6254, or Section 3306 of the Welfare and Institutions Code, to return to the place of confinement not later than the expiration of a period during which he or she is authorized to be away from the place of confinement, is an escape from the place of confinement punishable as provided in this section.
A conviction of a violation of this subdivision, not involving force or violence, shall not be charged as a prior felony conviction in any subsequent prosecution for a public offense."
Overview of PC 4530
As noted above, California Penal Code 4530 PC makes it a felony offense to escape or attempt to escape from a state prison. The law addresses three specific categories of escape:
- Escape with Force or Violence: This includes situations where an individual uses physical resistance, weapons, or threats of harm to flee from custody, whether confined inside a prison or while being transported. For instance, if a prisoner overpowers a guard or threatens them with a weapon to escape, it would be considered an escape with force or violence.
- Escape Without Force or Violence: A non-violent escape involves leaving custody without resorting to physical aggression (for example, exploiting a security vulnerability or unwatched exit to escape undetected).
- Failure to Return: If a person has been granted temporary release for employment, education, or other authorized activities and willfully fails to return by the stipulated time, this is also considered an escape from prison and can be prosecuted accordingly.
- State Prison: It is a crime for inmates in the state prison system to escape or attempt to escape from the facility. A state prison includes the prison building, any prison road camp, any prison forestry camp, any prison camp or prison farm, and any place while under the custody of prison officials, such as a prison bus.
Elements of the Crime
To convict you of escape under Penal Code 4530, prosecutors must prove specific facts beyond a reasonable doubt:
- Custody: You were lawfully confined to a state prison or under the custody of prison officials at the time of escape. This could include any state-operated prison camp, prison road camp, or other state correctional facility.
- Act of Escape or Attempt: Prosecutors need to show that you either escaped custody or made a deliberate attempt to do so.
- Intent: For cases involving failure to return, the prosecution must establish that the failure was willful. This means it wasn't an accident or due to circumstances beyond your control, such as a medical emergency.
To pursue the most aggressive sentencing, prosecutors must also prove that you utilized weapons, force, and/or violence to effect your escape.
Possible Penalties for Escaping Prison
The consequences for escaping from prison depend on whether the act involved force or violence. California law imposes strict penalties for both scenarios:
- Escape with Force or Violence (Penal Code 4530(a)): Individuals charged with escape under these circumstances face an additional state prison sentence of 2, 4, or 6 years.
- Escape Without Force or Violence (Penal Code 4530(b)): For non-violent escape or attempted escape, the penalty includes an additional consecutive prison term of 16 months, 2 years, or 3 years.
In either case, we should note that these sentences cannot be served simultaneously with your current sentence, but rather consecutively. In other words, your sentence for escape from prison begins when your prior sentence(s) end.
A related law, California Penal Code 4532 PC, makes it a felony to escape from custody if you have been arrested, charged, or convicted of a crime. The penalties depend on the underlying crime you were in custody and whether you used force or violence in the escape attempt.
Defenses Against Escape Charges
If you're facing accusations under Penal Code 4530, the good news is that several legal defenses could apply to your case. The effectiveness of each defense depends on the specific circumstances of the case. A good California criminal defense lawyer may utilize one or more of the following common defenses:
- Lack of Intent: Proving a lack of intent to escape can be challenging because the very act of leaving custody implies intent. However, for charges involving failure to return, your attorney may argue that the failure wasn't willful. For example, if an emergency or uncontrollable event prevented you from returning on time, this could negate the intent to escape.
- Mistaken Identity: It's possible to argue that you were incorrectly identified as the individual responsible for the escape. Strong alibi evidence or video surveillance could support this claim.
- Duress: If someone forced or threatened you into escaping the prison or failing to return, this could serve as a complete defense. However, the burden is on you to demonstrate that coercion occurred and left no reasonable alternatives.
- Procedural Violations: Mistakes made by law enforcement or prison officials might also help your case. If evidence was improperly collected or your rights were violated during your arrest, a defense attorney could potentially get the charges reduced or dismissed.
For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.
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