Escape Charges in Miami

Escape is a second-degree felony, and any prison term for it must run consecutive to the earlier sentence.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

From Fla. Std. Jury Instr. (Crim.) 27.1 (see our Elements page), the State must prove two things:

1. You were a prisoner in one of these situations: under arrest; convicted, sentenced, and confined to a prison, jail, contractor-operated facility, road camp, or penal institution; being transported to or from confinement; released on furlough; or confined and working on a public road or taking part in work release.
2. You escaped, attempted to escape by an overt act, willfully failed to return to your place of confinement within the time prescribed, or willfully failed to remain within the extended limits of your confinement, intending to avoid confinement.

The work-release and extended-limits parts come from separate statutes for state inmates and county prisoners, which treat a willful failure to return or to stay within the limits as an escape.

Degrees and Penalties

• Escape or attempted escape (s. 944.40): second-degree felony, up to 15 years in prison and a $10,000 fine.
• The statute requires that the prison sentence for escape run consecutive to any former sentence.
• 2024 change: effective July 1, 2024, ch. 2024-84 replaced the statute's reference to a "private correctional facility" with "contractor-operated correctional facility." The crime and penalty did not change.

Federal Escape and Assisting an Escape

• Escape (18 U.S.C. s. 751(a); 11th Cir. O25, Elements): the government must prove you knowingly escaped from custody, and that at the time you were in a federal officer's custody after a lawful arrest, or under process issued by a federal judicial officer. Up to 5 years if the custody was based on a felony arrest or a conviction; up to 1 year if it was for extradition, immigration exclusion or expulsion proceedings, or a misdemeanor arrest before conviction.
• Instigating or assisting an escape (s. 752(a); O26, Elements): the person was in the custody of the Attorney General or a federal officer under judicial process, and you knowingly instigated or helped the escape or attempt. The same 5-year and 1-year limits apply.

Common Situations

• Coming back late from work release or a furlough.
• Being somewhere other than the approved job site or route.
• Running from officers after being told you were under arrest.
• Walking away from a road crew or a transport.

Defense Themes

• Willfulness and intent. Failure to return must be willful, and the instruction requires intent to avoid confinement. A breakdown, a medical emergency, or a misunderstanding about the schedule matters.
• Were you a prisoner in a covered status? Especially in arrest cases, whether and when an arrest happened is a real question.
• Attempt. An attempted escape requires an overt act, which the State must identify.
• The paperwork. Work-release schedules, sign-out logs, and approvals often decide these cases.

What to Do First

1. If you are out past your time, the fastest safe return matters. Call us to plan it. See Turning Yourself In.
2. Keep proof of why you were late or off-site: receipts, tow records, medical records, messages.
3. Do not discuss the facts on recorded jail calls.
4. If the arrest involved a struggle or flight, see Resisting Arrest.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can being late from work release really be charged as escape?

Yes. Florida treats a willful failure to return within the prescribed time as an escape. Whether the lateness was willful is the key question.

Does the escape sentence run at the same time as my current sentence?

No. The statute requires it to run consecutive to any former sentence.

Can I be charged with escape if I ran during an arrest?

The jury instruction includes a prisoner under arrest. Whether you were actually under arrest at that moment is often contested.