PC 4530: Escape from Prison

Legal Definition:

PC 4530: “(a) Every prisoner confined in state prisons who, by force or violence, escapes or attempts to escape therefrom and every prisoner committed to a state prison who, by force or violence, escapes or attempts to escape while being conveyed to or from that prison or any other state prison, or any prison road camp, prison forestry camp, or other prison camp or prison farm or any other place while under the custody of prison officials, officers or employees;  or who, by force or violence, escapes or attempts to escape from any prison road camp, prison forestry camp, or other prison camp or prison farm or other places while under the custody of prison officials, officers or employees;  or who, by force or violence, escapes or attempts to escape while at work outside or away from prison under custody of prison officials, officers, or employees, is punishable by imprisonment in the state prison for a term of two, four, or six years.  The second term of imprisonment of a person convicted under this subdivision shall commence from the time he or she would otherwise have been discharged from prison.  No additional probation report shall be required with respect to that offense…”

For a person to be convicted of a violation of PC 4530 the prosecution must show that:

1. You were confined to a State Prison;
2. You escape or attempted to escape from the State Prison

AND

3. You did use force or violence.

What does this mean?

If you do not use violence or force to escape, but still escape or attempt to escape, you can be charged under PC 4530(b). Escape means the unlawful departure of a prisoner from the physical limits of his or her custody. A prisoner also escapes if he or she willfully fails to return to his or her place of confinement within the period that he or she was authorized to be away from that place of confinement. Someone commits an act willfully when he or she does it willingly or on purpose.

It is not necessary for the prisoner to have left the outer limits of the institution’s property. However, the prisoner must breach a wall or fence marking the security perimeter of the correctional facility. It is not sufficient for the prisoner to be merely outside the particular area within the facility where he or she is permitted to be.

Penalties

An assault on a school police officer under PC 4530 is a felony offense. If force or violence is used under PC 4530(a), you could be sentenced to 2, 4, or 6 years in a State Prison. You would have to serve at least 50% of that time in custody. If no violence is used, then under PC 4530(b), you could be sentenced to 16 months, 2, or 3 years in a State Prison. You would have to serve at least 50% of that time in custody. These sentences run consecutively to the underlying charge you are already in custody for.

PC 4530 is a not strike offense under the Three Strikes Law and is not a charge requiring Sex Registration under PC 290. You would likely face a loss, suspension, or revocation of your professional license. You could also face immigration consequences if you are a non-US Citizen living in the United States, since this may be considered an aggravated felony under Federal Law.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of Rights
4. False Allegations

In order to be found guilty, the elements of the crime must be met. This charge can be fought by your Ontario Criminal Defense Attorney by arguing that you did not escape and may have been in a compromising position not intended to appear to be an Escape Attempt. Failing to show the elements of the crime would mean there is insufficient evidence to prove you guilty of this charge.

False accusations are not technically considered a “defense” in criminal law. In essence, the defense of false accusations comes from a person who falsely blames you for a crime you did not commit. So in essence, there is a witness that is blaming you for the crime, and you are claiming you are innocent. In many other defenses under California law, you are guilty of the crime, but there is a technical defense that prevents a conviction, different than here. A deputy may have it in for you, based on your underlying conviction, and make your life difficult while in custody. They could send you to the outskirts of the prison, and then report that you trying to escape the facility. Here, the defense your Ontario Criminal Defense Attorney can argue that the allegations are false, that the reporting deputy had a motive to lie.

Call Today

The ramifications of a criminal conviction extend far beyond the immediate; they can significantly alter the course of your life and future. Specifically, under PC 4530, facing a conviction carries the weight of consecutive sentencing—meaning any sentence imposed will be in addition to sentences currently being served, potentially extending your time in custody by many years.

At Inland Empire Criminal Defense, our Ontario-based PC 4530 attorney brings a wealth of experience and a track record of success to the table, having defended thousands of individuals across the Inland Empire against a broad spectrum of criminal charges. With stakes this high, it’s imperative to secure legal representation that fully grasps the severity of your situation and is committed to fighting for your rights and freedom.

Why Choose Inland Empire Criminal Defense for PC 4530 Defense?

• Deep Legal Expertise: Specializing in criminal defense, our attorney’s understanding of PC 4530 and related laws ensures a robust and informed defense strategy tailored to your unique case.
• Proven Track Record: Our history of successfully defending clients charged with criminal offenses speaks to our ability to navigate complex legal challenges and secure favorable outcomes.
• Round-the-Clock Support: Recognizing the urgency and stress of facing criminal charges, we offer 24/7 availability to ensure you have access to the guidance and answers you need, whenever you need them.

Safeguard Your Future with Inland Empire Criminal Defense

The consequences of a PC 4530 charge underscore the importance of immediate, strategic legal action. Inland Empire Criminal Defense, located in Ontario, CA, is equipped to offer the specialized legal support necessary to confront these charges effectively.

Contact Inland Empire Criminal Defense Today

If you or a loved one is facing charges under PC 4530, don’t navigate this critical juncture alone. Contact Inland Empire Criminal Defense at 909-939-7126 to take advantage of our free initial consultation. Our commitment to providing expert legal counsel and support is your advantage in defending against these serious charges and protecting your future. Let us stand by you every step of the way.