The Nevadan legal system draws clear lines regarding the severity of penalties for escaping custody, which are heavily influenced by whether a dangerous weapon was involved in the escape attempt or if any harm was caused during the process. Here’s a concise overview:
- For Misdemeanor or Gross Misdemeanor Charges: An escape that involves the use of a dangerous weapon escalates to a category B felony, potentially leading to 1-6 years in Nevada State Prison and fines up to $5,000. Without a dangerous weapon, the act is considered a gross misdemeanor, punishable by up to 364 days in jail and/or fines reaching $2,000.
- For Felony Charges: The penalties intensify if the escape includes using a dangerous weapon, taking a hostage, or causing substantial bodily harm, categorizing the offense as a category B felony with 2-20 years in prison and up to $20,000 in fines. Absent these factors, escaping from felony charges still draws a category B felony tag, but with a penalty range of 1-10 years in prison and possible fines up to $10,000.
Facing escape charges in Nevada can be a daunting prospect, but there are avenues for legal defense that may lead to charge reduction or even dismissal. Strategies might involve proving the accused was wrongly identified, was framed, or acted out of a “necessity” recognized by law. Engaging an experienced defense attorney early could significantly impact the outcome of such cases.
What Does Fleeing Police Custody or Incarceration Mean Under Nevada Law?
In Nevada, if an individual attempts to flee from lawful confinement, whether successful or not, they may confront additional charges under NRS 212.090. This statute is indiscriminate—applying to both individuals accused or convicted of a crime. ATAC LAW brings clarity to what constitutes an “escape” and the breadth of environments where this statute can come into play:
- State or federal prisons
- Local jails and holding facilities
- Community corrections facilities
- Law enforcement or corrections department vehicles
- Courtrooms or while in custody following a citizen’s arrest
It’s not uncommon for escapes to occur as detainees ‘walk away’ from lower-security community corrections facilities. However, escapes can and do happen even from high-security setups, often involving intricate plans and outside assistance.
Although most individuals who escape are ultimately apprehended—with the Nevada Department of Corrections actively publishing their information to aid in their recapture—an accusation of escape can substantially complicate a person’s legal situation. ATAC LAW advises anyone accused of or charged with escaping custody to seek legal counsel promptly to navigate these complicated legal waters.
What are the Consequences of Escaping Custody According to Nevada’s NRS 212.090?
In Nevada, individuals who evade law enforcement custody are subject to penalty under NRS 212.090, with the severity based on the original charge’s nature. ATAC LAW outlines the specific repercussions for escapes related to misdemeanors, gross misdemeanors, and felonies:
For Misdemeanor or Gross Misdemeanor Charges:
Armed Escape: If an escape involves using a dangerous weapon, it’s treated as a category B felony with:
- 1 to 6 years of imprisonment,
- Potential fines reaching $5,000.
Unarmed Escape: An unarmed escape is prosecuted as a gross misdemeanor, carrying penalties of:
- Up to 364 days in jail,
- Fines of up to $2,000.
For Felony Charges:
Escaping with Aggravating Factors: If the escape includes weapon use, hostages, or results in substantial bodily harm, it’s a category B felony with stiffer penalties:
- 2 to 20 years of imprisonment,
- Potential fines of up to $20,000,
Consecutive sentencing to the underlying felony charge, without options for probation or suspended sentences.
Escape Without Aggravating Factors: In situations without the aforementioned circumstances, repercussions entail:
- 1 to 10 years of imprisonment,
- Potential fines of up to $10,000.
Can Escaping from Prison Lead to Deportation for Non-U.S. Citizens?
Non-U.S. citizens who escape from prison may face deportation, as immigration authorities typically view such actions as crimes involving moral turpitude. To mitigate this risk, it’s essential for individuals in this situation to seek the expertise of seasoned legal counsel, like ATAC LAW, to endeavor to have their charges either dropped or minimized to offenses that do not carry the threat of deportation.
What Legal Strategies Can Be Used to Defend Against Charges of Escaping Custody in Nevada?
Facing charges for escaping police custody or jail presents a challenging legal battle. However, with skilled representation from ATAC LAW, several defense strategies can be employed to counter these charges effectively. These strategies are contingent on the evidence at hand and may include arguing misidentification, wrongful framing, or acting out of necessity.
Misidentification or Framing
It’s not uncommon for mistakes in identity to occur, or for individuals to be falsely implicated by others within the Nevada correctional facility or law enforcement. A defense attorney can scrutinize the evidence for inconsistencies or motives for others to frame the defendant, raising reasonable doubt regarding the defendant’s involvement in the escape attempt. This method pivots on critical examination of:
- Surveillance footage
- Eyewitness testimonies
- Forensic analysis, including DNA, fingerprints, and more
The Necessity Defense
Under certain extreme conditions, escaping from custody in Nevada might be argued as a reasonable and necessary action, known legally as the “necessity” defense. For this defense to be considered valid, five stringent criteria must be met:
- The defendant faced an immediate and specific threat of death, sexual assault, or severe injury.
- There was no viable opportunity to seek help from authorities, due either to imminent danger or previous unheeded complaints.
- Resorting to the legal system was not an option due to urgency.
- No force or violence was exerted against prison staff or bystanders during the escape.
- Upon reaching safety, the defendant promptly sought out authorities to report the situation.
This defense hinges on the presentation of compelling evidence that convincingly meets all these conditions.
Demonstrating Lack of Intent
In some instances, proving that the defendant had no intention of escaping but was instead wrongly accused or misunderstood can invalidate the charges. Contextual evidence and a reevaluation of the actions leading to the accusation may shed light on the absence of escape intent.
We emphasize that the success of these defenses significantly depends on the construction of a solid argument supported by credible evidence. Legal expertise in Nevada becomes invaluable in navigating such complex situations, ensuring that a defendant’s rights are robustly defended. Whether challenging the accusation’s basis or substantiating a necessity claim, a knowledgeable defense attorney can provide critical guidance and advocacy.
Can You Seal Your Criminal Record After an Escape Charge in Nevada?
In Nevada, the ability to seal a criminal record depends on the nature of the charge and the specifics of the case. If a defendant’s charges were dismissed, they can immediately seek to seal their criminal record without any waiting period. However, the situation is different for those convicted of crimes, especially those related to escaping from jail or prison.
The waiting period for sealing a record following an escape attempt is determined by whether the escape was considered a “crime of violence” and the type of crime:
Misdemeanor with a Dangerous Weapon:
- 10 years if deemed a crime of violence.
- 5 years if not considered a crime of violence.
Misdemeanor without a Dangerous Weapon:
- 2 years after the case concludes.
Gross Misdemeanor with a Dangerous Weapon:
- 10 years if deemed a crime of violence.
- 5 years if not considered a crime of violence.
Gross Misdemeanor without a Dangerous Weapon:
- 2 years after the case concludes.
Felony with a Dangerous Weapon:
- 10 years if deemed a crime of violence.
- 5 years if not considered a crime of violence.
Felony with Hostage Taking or Causing Substantial Bodily Harm:
- 10 years for crimes of violence.
- 5 years otherwise.
Felony without a Dangerous Weapon, Hostage, or Bodily Harm:
- 5 years after the case concludes.
Finally, if the defendant has prior convictions, they must wait until all previous charges can be sealed before pursuing a seal for a newer record.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.