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720 ILCS 5/31-6

Escape

 

  • Up to a Class 1 Felony
  • 4-15 years in prison
  • Fine up to $25,000
  • Call for more details

 

Understanding Escape in Illinois

Escape is a serious criminal offense in Illinois that involves unlawfully leaving custody or failing to return to custody when required. This crime can occur in various contexts, such as fleeing from a police officer, escaping from a correctional facility, or not returning to jail after a temporary release. A conviction for escape can lead to severe penalties, including imprisonment, fines, and a permanent criminal record.

 

What Constitutes Escape in Illinois?

Under Illinois law, escape is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/31-6. The offense occurs when an individual knowingly:

  • Escapes from Custody: Flees or attempts to flee from the lawful custody of a peace officer, correctional officer, or another official responsible for detaining them.
  • Fails to Return to Custody: Does not return to custody after being temporarily released, such as failing to return from a work release program, furlough, or temporary leave from jail or prison.
  • Escapes from a Detention Facility: Breaks out of a jail, prison, or other detention facility where they are lawfully confined.

Examples of Escape Under Illinois Law

Here are specific examples of what could constitute escape under Illinois law:

  • Fleeing from Police Custody During an Arrest
    • Statute: 720 ILCS 5/31-6(a)
    • Description: An individual being arrested by police breaks free and runs away, attempting to avoid being taken into custody.
  • Failing to Return to Jail After a Temporary Release
    • Statute: 720 ILCS 5/31-6(a)
    • Description: A person who was granted temporary leave from jail for a specific purpose, such as attending a funeral or medical appointment, fails to return to jail as required.

Penalties for Escape in Illinois

The penalties for escape in Illinois are severe, and they vary depending on the circumstances of the offense. Potential penalties include:

  • Class 3 Felony (for escape from a penal institution or custody for a felony charge):
    • 2 to 5 years in prison
    • Fines of up to $25,000
  • Class A Misdemeanor (for escape from custody for a misdemeanor charge):
    • Up to 1 year in jail
    • Fines of up to $2,500

In addition to these legal penalties, a conviction for escape can result in a permanent criminal record, impacting future employment, housing, and other opportunities.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of escape is a serious matter that requires a skilled defense attorney. Here’s why Andrew M. Weisberg is the defense attorney you need:

  • In-Depth Knowledge of Illinois Criminal Law: Andrew M. Weisberg has extensive experience with Illinois laws related to escape and related offenses. His background as a former Cook County prosecutor provides him with valuable insights into how these cases are prosecuted, enabling him to develop effective defense strategies.
  • Tailored Defense Strategies: Mr. Weisberg carefully examines the details of your case to identify any weaknesses in the prosecution’s evidence. He tailors his defense strategy to your specific situation, aiming for the best possible outcome.
  • Aggressive Courtroom Advocacy: Known for his assertive courtroom presence, Mr. Weisberg is committed to fighting for your rights, whether through negotiating a favorable plea or challenging the evidence at trial.
  • Compassionate and Confidential Client Support: Facing criminal charges can be overwhelming, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that you are fully informed and supported every step of the way.

Contact Andrew M. Weisberg for a free consultation to discuss your escape case and learn how he can help protect your rights and fight for the best possible outcome.