Last Updated on April 4, 2025
It’s a TV trope seen in shows like Luke Cage, The Fugitive, Sense 8, and Prison Break; the main character is locked in prison for a crime he didn’t commit and must break out of prison to prove his innocence. But in real life, proving your innocence doesn’t mean you can just walk away after escaping prison. Guilty or innocent, anyone who escapes from prison in California can face charges under 4530 (PC), and those who escape from jail, house arrest, or other forms of police custody can be charged under 4532 (PC).
What Happens if You Escape From Prison?
What happens to someone who escapes from prison depends on where you were incarcerated. Federal prison escape charges are different than state charges. There are even a handful of countries (specifically, Mexico, Germany, Austria, and Belgium) where breaking out of prison is not illegal, as the desire for liberty is considered a fundamental part of human nature —though those who commit other crimes in their escape attempt can still face charges.
In California, those who escape can be charged under Penal Code 4530 (PC). Escaping prison is a felony, and the penalty for the offense is up to three years and six if the escape utilizes force or violence. By law, the sentence will be consecutive, meaning the convict will not even start serving their time for the escape until after they have completed the term for the initial offense.
While the criminal penalties should be enough to discourage anyone from attempting to break out, the facility itself will typically increase security around someone who has attempted or successfully escaped. Prison officials may punish the individual by reducing their outside “yard” privileges or making them serve time in solitary confinement. As a result, the individual’s prison experience will likely be even more confining and unpleasant.
How Many Years do You Get for Escaping Jail?
Because most people serving time in jail have committed lesser offenses, what happens if you break out of jail is more minor than if you bust out of prison. Under Penal Code 4532 (PC), escaping from jail is always a felony, but the penalties will vary greatly depending on the severity of the original charges and the circumstances of the escape.
Those originally convicted of a misdemeanor can face up to 1 year in jail if the escape was non-violent, but if force or violence was used, the sentence could go up to 6 years. If the individual was convicted of a felony, the penalties would be the same as those for 4530 (PC), meaning up to three years for a non-violent escape or six years if violence or force was used.
What if You Prove Your Innocence After You Escaped From Prison?
If an innocent man escapes from prison or jail and then turns himself over to the police or prosecutors as soon as he uncovers all the evidence he needs to prove his case, he’ll immediately be put behind bars again because under 4530 and 4532 (PC), escaping is a separate offense. He will not even be automatically exonerated of the first charges, as the evidence has to be analyzed, evaluated, and brought before a judge who then decides if there’s enough proof to warrant his release, resentencing, or a new trial.
The prosecutor can choose not to file charges related to an innocent person’s escape, but they would want to void sending the message that escaping is ok as long as you don’t deserve to be behind bars. If anyone was injured during the escape, the prosecutor would almost certainly choose to file charges, no matter how bad the individual suffered due to their wrongful conviction.
While the prosecutor made their charging decision and the police, prosecutors, and judge evaluated the evidence to prove the man’s innocence, he would remain in custody. Even if the prosecutor eventually decided not to press further charges and the judge found him innocent of the original charges, he would still spend months in jail or prison.
Just like when facing charges the first time, those who have been granted a new trial will benefit greatly by having a top lawyer fight on their behalf. The attorney can make arguments to the DA and judge on their client’s behalf, ensure their rights are protected, and, if any of the defendant’s rights were violated the first time around, the lawyer could use this to prove that their client deserves to be free.
How Common Are Escapes?
According to the Department of Justice (DOJ), around 3% of all inmates attempt to escape at some point, and over 2,000 inmates per year do manage to escape. However, most of these “escapes” are what the industry refers to as “awols” or “walk-aways,” meaning the inmate was already out in the community. These escapees were typically involved in work furlough, house arrest, or community service programs and failed to check in on time or otherwise break the rules of their agreement. Most of these stories don’t even end up in the news, but one example was the man who walked away from a community reentry program in Escondido only to be captured after a short pursuit on foot.
The DOJ statistics do not distinguish between someone escaping from a maximum security prison using violence and an AWOL Fire Camp Program participant. Regardless of the type, between 80-99% of those marked as escapes in the DOJ system are captured.
Very few inmates actually break out of secured facilities, particularly those restricted to high-security areas.
The Best Defense Starts Early
Obviously, prison and jail escapes are relatively rare in real life, and, in most cases, escapees don’t go on to prove their innocence. Even so, the idea of a wrongly convicted person escaping prison to prove their innocence is a compelling story and an interesting legal concept, which is why it is so frequently used in movies and TV shows.
In reality though, it’s not the best idea, so you should always do whatever you can to prove your innocence during the initial trial —including working with an experienced criminal attorney with a good track record handling cases like yours.
If you have been accused of any criminal charge, including escaping from prison or jail or attempting to break someone out of police custody during a riot, please call (760) 643-4050 to schedule a free initial consultation with Peter M. Liss.
