New jersey criminal charge
Escape in New jersey
Escape is a criminal offense under New jersey law, defined by N.J.S.A. 2C:29-5. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:29-5.
What is the penalty for escape in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Escape (or permitting/facilitating escape) with force, threat, deadly weapon or other dangerous instrumentality — Applies to offenses under subsection a. (escape) or c. (permitting/facilitating escape) when the actor uses force, threat, a deadly weapon, or other dangerous instrumentality to effect the escape.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Escape (or permitting/facilitating escape) with force, threat, deadly weapon or other dangerous instrumentality — Applies to offenses under subsection a. (escape) or c. (permitting/facilitating escape) when the actor uses force, threat, a deadly weapon, or other dangerous instrumentality to effect the escape.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Escape (or permitting/facilitating escape) without force/weapon — Applies to offenses under subsection a. (escape) or c. (permitting/facilitating escape) when force, threat, deadly weapon, or other dangerous instrumentality is not employed to effect the escape.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Escape (or permitting/facilitating escape) without force/weapon — Applies to offenses under subsection a. (escape) or c. (permitting/facilitating escape) when force, threat, deadly weapon, or other dangerous instrumentality is not employed to effect the escape.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Absconding from parole — Applies when a person subject to parole (including ISP) goes into hiding or leaves the State to avoid supervision.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Absconding from parole — Applies when a person subject to parole (including ISP) goes into hiding or leaves the State to avoid supervision.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is escape classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Escape (or permitting/facilitating escape) with force, threat, deadly weapon or other dangerous instrumentality | crime of the second degree | Applies to offenses under subsection a. (escape) or c. (permitting/facilitating escape) when the actor uses force, threat, a deadly weapon, or other dangerous instrumentality to effect the escape. | N.J.S.A. 2C:29-5undefined |
| Escape (or permitting/facilitating escape) without force/weapon | crime of the third degree | Applies to offenses under subsection a. (escape) or c. (permitting/facilitating escape) when force, threat, deadly weapon, or other dangerous instrumentality is not employed to effect the escape. | N.J.S.A. 2C:29-5undefined |
| Absconding from parole | crime of the third degree | Applies when a person subject to parole (including ISP) goes into hiding or leaves the State to avoid supervision. | N.J.S.A. 2C:29-5undefined |
Common questions about escape in New jersey
What degree of offense is escape in New Jersey?
It depends on the circumstances: escape ranges from a crime of the third degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:29-5.
Escape (or permitting/facilitating escape) with force, threat, deadly weapon or other dangerous instrumentality: crime of the second degree (N.J.S.A. 2C:29-5) · Escape (or permitting/facilitating escape) without force/weapon: crime of the third degree (N.J.S.A. 2C:29-5) · Absconding from parole: crime of the third degree (N.J.S.A. 2C:29-5)
What are the penalties for escape in New Jersey?
Penalties for escape in New Jersey depend on how it is classified — from a crime of the third degree up to a crime of the second degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers escape?
Escape is governed by N.J.S.A. 2C:29-5 (Escape).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.