I. 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.

II. 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.

III. 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.

IV. 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.

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