Escape in New Jersey

N.J.S.A. 2C:29-5 · Offenses Against Public Administration

What the law says

The section prohibits leaving official detention without lawful authority or failing to return after temporary leave. It also prohibits specified conduct involving avoiding parole supervision, permitting an escape, or causing or facilitating an escape.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:29-5, that means:

• The person, without lawful authority, removes himself from official detention or fails to return to official detention after temporary leave granted for a specific purpose or limited period.
• A person subject to parole goes into hiding or leaves the State with the purpose of avoiding supervision.
• A public servant concerned in detention knowingly or recklessly permits an escape.
• A person knowingly causes or facilitates an escape.

How the charge is graded

• An offense under subsection a. or c. is a crime of the second degree where the actor employs force, threat, deadly weapon or other dangerous instrumentality to effect the escape.
• An offense under subsection a. or c. is a crime of the third degree where the actor does not employ force, threat, deadly weapon or other dangerous instrumentality to effect the escape.
• A person subject to parole commits a crime of the third degree if the person goes into hiding or leaves the State with a purpose of avoiding supervision.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• "Official detention" means arrest; detention in any facility for custody of persons under charge or conviction of a crime or offense, or committed pursuant to chapter 4 of this Title, or alleged or found to be delinquent; detention for extradition or deportation; or any other detention for law enforcement purposes. It does not include supervision of probation or parole, or constraint incidental to release on bail.
• As used in subsection b., "parole" includes participation in the Intensive Supervision Program (ISP) established pursuant to the Rules Governing the Courts of the State of New Jersey.
• Abandoning a place of residence without the prior permission of or notice to the appropriate supervising authority constitutes prima facie evidence that the person intended to avoid supervision.
• Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, is not a defense if the escape is from a prison or other custodial facility or from detention pursuant to commitment by official proceedings.
• For other detentions, irregularity or lack of jurisdiction is a defense only if the escape involved no substantial risk of harm to the person or property of anyone other than the detainee, or the detaining authority did not act in good faith under color of law.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Challenging whether the conduct meets the statute's specific elements
• Bodycam and dashcam video review of the police encounter
• Lack of purpose or knowledge
• Negotiating downgrades to municipal court where appropriate

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Escape charge.

Related charges

• Bribery →
• Official Misconduct →
• Perjury →
• False Reports to Law Enforcement →
• Witness Tampering →
• Tampering with Physical Evidence →
• Obstructing Administration of Law →
• Resisting Arrest →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.