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  • Writer's pictureBrandon Hicks

Understanding Indiana's Escape Laws 35-44.1-3-4 : B. Hicks Law

At B. Hicks Law, we understand that navigating the criminal justice system can be a daunting experience. We're here to provide expert legal guidance, and today, we'll be discussing Indiana's escape laws, specifically IC 35-44.1-3-4. Whether you're a defendant or someone interested in understanding the legal landscape, this blog post will provide insight into the intricacies of escape charges in Indiana. We'll explore the law's various subsections and their implications to help you better understand your rights and responsibilities. Indiana Code 35-44.1-3-4: The Escape Law Escape, as defined by IC 35-44.1-3-4, is a criminal offense in Indiana. This law covers a range of situations and provides for varying levels of felonies depending on the circumstances. Let's break down the key elements of this statute: (a) Exemptions for Children This section outlines several exemptions for children in certain escape cases. Specifically, it does not apply to children who:

  1. Flee from lawful detention when placed by lawful authorities.

  2. Violate a home detention order.

  3. Remove, disable, or interfere with electronic monitoring or GPS tracking devices.

  4. Fail to return to lawful detention during temporary leave for status offenses (unless a deadly weapon is involved or bodily injury is inflicted on another person).

(b) Escape as a Level 5 or 4 Felony For individuals who intentionally flee from lawful detention, they commit escape, which is a Level 5 felony. However, if a person draws or uses a deadly weapon or inflicts bodily injury during the escape, the offense is elevated to a Level 4 felony. (c) Escape as a Level 6 Felony Escape can also be charged as a Level 6 felony when someone:

  1. Knowingly or intentionally violates a home detention order.

  2. Knowingly or intentionally removes, disables, or interferes with electronic monitoring or GPS tracking devices.

(d) Failure to Return to Lawful Detention When a person knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period, they commit failure to return to lawful detention. This is generally a Level 6 felony, but it can be elevated to a Level 5 felony if a deadly weapon is involved or bodily injury is inflicted on another person. Understanding Indiana's escape laws is crucial for anyone involved in or impacted by the criminal justice system. At B. Hicks Law, we're committed to providing the best legal defense and guidance to our clients. If you or someone you know is facing escape or related charges, it's essential to seek expert legal counsel to protect your rights and navigate the legal process effectively. For personalized legal assistance and to discuss your specific situation, contact B. Hicks Law Firm today. Our experienced team is here to help you through the complexities of Indiana's legal system. Your rights and your future matter, and we're dedicated to securing the best possible outcome for your case.


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