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Assault During Escape and Escape in Denver: Man Escapes Police Custody, Assaults Officer

Posted by Terry O'Malley | Dec 07, 2015 | 0 Comments

In Colorado and across the United States, there are so many different crimes someone can be charged with that it becomes overwhelming even for me to think about. What can become even more overwhelming is when additional charges are filed after someone has already been charged or convicted. Let me show you what I mean.

In a recent news story I read, a man was arrested for an alleged assault – domestic violence after hitting a woman with a boombox and repeatedly punching her in the face. He also allegedly stole her car keys and cell phone. Beyond being arrested for the Assault, the man was also charged with Possession of a Dangerous or Illegal Weapon, Theft, Conspiracy, selling a controlled substance, as well as possessing marijuana. Unfortunately, that wasn't the end of his story. After being taken to the police station, he made matters worse by trying to escape police custody, and hitting an officer with a door as he tried to escape. Because of these actions, he now faces additional charges of Escape and Assault During Escape. Even if he is not convicted or the original charges, he could be found guilty of class 4 felony Escape.

Facing charges of Escape?

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What is Jefferson County Escape?

The definition of Escape, C.R.S. 18-8-208, in Jefferson and Arapahoe County is as follows:

(1) A person commits a class 2 felony if, while being in custody or confinement following conviction of a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.

(2) A person commits a class 3 felony if, while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.

(3) A person commits a class 4 felony if, while being in custody or confinement and held for or charged with but not convicted of a felony, he knowingly escapes from said custody or confinement.

(4) A person commits a class 3 misdemeanor if, while being in custody or confinement following a conviction of a misdemeanor or petty offense or a violation of a municipal ordinance, he or she knowingly escapes from said place of custody or confinement.

(4.5) A person commits a class 3 misdemeanor if he or she has been committed to the division of youth corrections in the department of human services for a delinquent act, is over eighteen years of age, and escapes from a staff secure facility as defined in section 19-1-103 (101.5), C.R.S., other than a state operated locked facility.

(5) A person commits a class 1 petty offense if, while being in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense or violation of a municipal ordinance, he or she knowingly escapes from said custody or confinement.

(6) A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16, C.R.S.:

(a) Commits a class 1 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado;

(b) Commits a class 1 misdemeanor if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado;

(c) Commits a class 5 felony if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person travels outside of the state of Colorado.

(7) In a prosecution for an offense under subsection (6) of this section, it shall be a defense for any person who, while being confined pursuant to a commitment under article 8 of title 16, C.R.S., escapes and who voluntarily returns to the place of confinement.

(8) A person commits a class 5 felony if he knowingly escapes while in custody or confinement pursuant to the provisions of article 19 of title 16, C.R.S.

The man was charged with several different crimes, which could have ranged from a petty offense to felony charges. As you can see, punishments for Escape vary depending on whether the escapee was charged or convicted, or what level of felony, misdemeanor or petty offense the escapee was convicted of / charged with. The knowledge and expertise of a skilled criminal defense lawyer is vital to sort out every one of these complex elements of the Escape statute.

What is Assault During Escape in Colorado?

Because the man hit an officer with a door while trying to escape, it would be considered Assault During Escape. Assault During Escape, C.R.S. 18-8-206, is charged in Adams and Douglas County whenever someone, while escaping or attempting to escape lawful confinement, commits an assault with intent to commit bodily injury upon someone else with a deadly weapon, or by any means of force likely to produce serious bodily injury. For committing this offense, a defendant could face:

A class 1 felony if:

the person has been convicted of a class 1 felony

A class 2 felony if:

the person has been convicted of a felony other than a class 1 felony

A class 3 felony if:

the person was in custody or confinement and held for or charged with but not convicted of a felony

A class 3 felony if:

the person was in custody or confinement and charged with, held for, or convicted of a misdemeanor or a petty offense

Again, as you can see, the punishments for Assault During Escape vary depending on many different factors. Because the stakes are so high with an Assault During Escape charge in Colorado, it's imperative to have an Assault During Escape criminal lawyer fighting hard on your side.

Why You Need the Best Denver Escape Criminal Defense Lawyers

Additional charges, accusations or arrests for Escape and Assault During Escape can drastically change your future. You don't want to risk lengthening your Denver County jail sentence or prison sentence. Instead, work with an experienced criminal defense attorney in Denver and ensure your criminal case is handled effectively. Our team of Aurora and Denver Escape criminal defense lawyers work hard for men and women accused or charged with these harsh crimes.

Get Help Now

If you or a loved one has been charged with Escape or Assault During Escape in Denver, Aurora or Highlands Ranch, be smart, exercise your right to remain silent, and contact the best Denver Escape criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Courtesy of Stuart Miles / FreeDigitalPhotos.net

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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