NRS 212.090: Penalties for Escape & Attempted Escape

The Nevada Revised Statutes (NRS) section 212.090 addresses the penalties for escape or attempted escape from legal custody. For those incarcerated, the notion of escaping prison may arise as a desperate effort to regain freedom, perhaps sparked by the belief of wrongful conviction or the overwhelming challenges of life behind bars.

Nevertheless, any escape, whether successful or merely an attempt, can lead to severe consequences. According to a report by 8 News Now, 20 inmates have escaped from Nevada Department of Corrections (NDOC) custody in the last four decades. This shows that criminal escapes are relatively rare, but can still occur.

If you, or someone you know, is facing criminal charges, contact The Defenders. Our criminal defense attorneys have decades of experience and can help you understand your legal rights and options.

Attempted Escape Can Mean Many Things

NRS 212.090 is very clear on the penalties for escape or attempted escape. But an attempt to escape can take many forms. Most of these you’ve probably seen in movies or TV shows. For example:

• Removing restraints: If an individual in custody attempts to remove their restraints, such as handcuffs or ankle cuffs, it can be seen as an attempt to escape custody.
• Trying to flee: If an individual makes a run for it, attempting to outrun the authorities or escape the area in which they are being held, it is clearly an attempt to escape custody.
• Disrupting security: If an individual creates a distraction or causes a commotion to disrupt security measures, it could be seen as a way to create an opening for escape.
• Digging or tunneling: In some cases, individuals in custody may try to dig or tunnel out of their confinement, which is a clear attempt to escape custody.
• Creating weapons or tools: Individuals may try to develop weapons or tools in an attempt to use them to escape custody or harm those holding them.

One thing to note is that an attempted escape does not mean an escape from prison. It can be an attempt to escape any legal custody, such as a courtroom or jail holding cell.

Penalties for Escape & Attempted Escape in Nevada

The penalties imposed by NRS 212.090 depend on the circumstances of the attempted escape and whether it was successful or not.

A prisoner can be accused of escaping from legal custody even if the initial arrest was temporary, such as on suspicion of committing a crime. Regardless of the outcome, an attempt to escape is still considered a crime and carries additional penalties that can either be added to or run consecutively with the original sentence.

Below are the punishments associated with attempted escape or escape from legal custody:

For those facing felony charges:

• If a dangerous weapon was used or bodily injury occurred: Category B felony, punishable by 2 to 20 years in prison and a maximum fine of $20,000.
• If no dangerous weapon was used: Category B felony, punishable by 1 to 10 years in prison and a maximum fine of $10,000.

For those facing gross misdemeanor and misdemeanor charges:

• If a dangerous weapon was used: Category B felony, punishable by 1 to 6 years in prison and a fine of up to $5,000.
• If no dangerous weapon was used: Gross misdemeanor.

Potential Defenses

Despite the strict penalties associated with escape or attempted escape, certain defense strategies may alleviate these consequences or lead to reduced charges.

You Were Framed

When it comes to defending against charges of attempted escape, there are several possible arguments that may be used to protect you.

First, we can argue that you were framed. Law enforcement officials may have set you up to make it appear as though you attempted to escape when, in fact, you had no intention of doing so.

This could be done for various reasons, such as to cover up a mistake made by the authorities or to further build their case against you.

You Were Misidentified

One other defense strategy could be claiming that the defendant was mistakenly identified as a suspect who had escaped.

This defense is often used when multiple people in custody are mistaken for the escapee. We can argue that there was a case of mistaken identity and that it was not you who attempted to escape.

The Escape Was Necessary

Lastly, we can argue that the flight was due to lawful necessity. There may have been circumstances beyond your control that led to the attempt to escape, such as a natural disaster or a threat to your life.

In cases such as these, it may be possible to argue that the attempted escape was not a criminal act, but rather a necessary action for self-preservation.

Facing Criminal Charges? Hire The Defenders

Facing charges of escape or attempted escape can significantly compound the challenges already associated with a criminal conviction. At The Defenders, we strongly encourage anyone in this situation to consult with an experienced criminal defense attorney who understands the intricacies of Nevada law and can advocate on your behalf.

Our team of legal experts can help you navigate the legal system and will use the best defense strategy to ensure the best possible outcome in your case. So don’t hesitate! Contact The Defenders today for a consultation.

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