Escape From Lawful Custody
Escape from Lawful Custody occurs when a person escapes from the custody of a peace officer after they have been arrested or detained. This offense is typically charged during an arrest or for a person in a halfway house failing to return from their work release program. It is not usually the fugitive situation people assume. However, the laws and punishment for this offense are not any lighter in incidental circumstances than willful escape.
Being charged with an escape offense carries serious penalties and consequences. It is important to hire a Fierce Advocate, if you are facing escape charges in Oklahoma to fight your case and hold the government to its burden before you are found guilty. Ensure you hire an experienced Oklahoma criminal defense lawyer to fight your case.
The statute for Escape from Lawful Custody is OKLA. STAT. tit. 47 § 444, which states that “It is unlawful for any person, after being lawfully arrested or detained by a peace officer, to escape or attempt to escape from such peace officer. Any person who escapes or attempts to escape after being lawfully arrested or detained for custody for a misdemeanor offense shall be guilty of a misdemeanor. Any person who escapes or attempts to escape after being lawfully arrested or detained for custody for a felony offense shall be guilty of a felony.”
“It is unlawful for any person admitted to bail or released on recognizance, bond, or undertaking for appearance before any magistrate or court of the State of Oklahoma, and required as a condition of such release from detention to wear any electronic monitoring device on the body of the person to remove such device without authorization from the court. For purposes of this subsection, any person charged with a misdemeanor offense who removes such device without authorization from the court shall be guilty of a misdemeanor and any person charged with a felony offense who removes such device without authorization from the court shall be guilty of a felony.”
Elements of the Crime
In order to be convicted of Escape from Lawful Custody in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
2) from a peace officer;
3) after being lawfully arrested or detained by such peace officer.
Oklahoma Jury Instruction #6-51.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Escape from Lawful Custody in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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