Penalties for Prisoners Who Attempt to Escape

NRS 212.090 – Penalties for Prisoners Who Attempt to Escape

When someone is convicted of a crime and sentenced to serve a period of time in a Nevada prison, they are obligated to fulfill the terms of the sentence. Attempting to escape from prison is never recommended and can have significant ramifications on your prison sentence if you are subsequently apprehended by law enforcement.

Specific Statute Governing Prisoner Escape Attempts

According to NRS 212.090, escape is any attempt to illegally free oneself from confinement or lawful custody. A prisoner can be accused of escape from legal custody despite the initial arrest being temporary, such as on suspicion of committing a crime. An escape remains a crime even when the attempt is unsuccessful.

According to NRS 212.090, states that a prisoner in confinement or lawful custody of a police officer and escapes or attempts to escape from custody while waiting to be charged, convicted or about to be sentenced shall be charged with either a felony, misdemeanor, or gross misdemeanor.

Penalties for Escape

Pursuant to NRS, 212.090, penalties for escape are the possible charges for anyone facing the crime of escape from prison charges. Penalties for escaping depend on the crime leading to the initial arrest and the manner of escape.

1-A felony, shall be punished:

• Where a dangerous weapon is used or one or more hostages are taken to facilitate the escape or attempted escape, or substantial bodily harm results to anyone as a direct result of the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $20,000. The sentence imposed pursuant to this paragraph must run consecutively after any sentence imposed for the original felony, and is not subject to suspension or the granting of probation.
• Where none of the aggravating factors specified in paragraph (a) are present, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and maybe further punished by a fine of not more than $10,000.

2-A gross misdemeanor or misdemeanor, shall be punished:

• Where a dangerous weapon is used to facilitate the escape or attempted escape, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
• Where no dangerous weapon is used, for a gross misdemeanor.

Potential Defenses That Can Be Raised for an Inmate Alleged to Have Escaped from Prison

If you were apprehended by law enforcement and are being charged with escaping from a state correctional institution, do not give up hope. You still have the right to a defense attorney and there are potential defenses your attorney can raise on your behalf:

1. An argument that you were framed.
2. Misidentification of the defendant as an escapee suspect.
3. The flight was due to lawful necessity.