Escape
While individuals who attempt to escape from jail or custody probably are not overly concerned with the consequences of such behavior being that they are likely preoccupied with their plan to escape custody, it is still useful to know what constitutes an escape and what the penalties are. Escape from prison or custody is defined as follows under Tennessee law:
(a) It is an offense for any lawfully confined person arrested for, charged with, or found guilty of a civil or criminal offense to escape from a penal institution, as defined in ยง 39-16-601.(b) (1) A person commits the offense of escape who is in the lawful custody of a law enforcement officer and knowingly escapes the officer's custody.
(2) As used in subdivision (b)(1), "lawful custody" means a person has been taken, seized or detained by a law enforcement officer either by handcuffing, restraining or any other method by which a reasonable person would believe places the person in custody and that otherwise deprives the person's freedom of action in a significant way.
Although it probably goes without saying, this statute makes it clear that it is unlawful to attempt to escape from a penal institution in which you are incarcerated or from a law enforcement official who has a suspect in lawful custody. As detailed above, "lawful custody" simply refers to any situation in which a reasonable person would feel that he or she is arrested or being detained by a law enforcement official.
Under the statute, the penalties for escaping custody or a penal institution must be imposed consecutively to the offense for which the person is incarcerated or detained. Escaping from a penal institution is a Class A misdemeanor if you are incarcerated in that institution for a misdemeanor and is a Class E felony if you are incarcerated for a felony charge. Escaping from the lawful custody of a law enforcement official is also a Class A misdemeanor.
Escaping or attempting to escape will likely result in not only a lengthening of one's original sentence but also an extra period of confinement of up to six years for individuals to run consecutively with a defendant's original sentence. Thus, individuals who are charged with escaping custody should consult skilled criminal defense counsel who can assist them in minimizing the consequences of such behavior. East Tennesseans should consult a local defense attorney serving Knox County, Carter County, Sevier County, and surrounding counties for assistance with their case.
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