Aggressive Defense to Wisconsin Escape Charges

Milwaukee Criminal Defense Attorney with Experience Defending Allegations of Escape

Wisconsin Statute 946.42 defines escape crimes in Wisconsin as follows:
A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class A misdemeanor:
  • Pursuant to a legal arrest for or lawfully charged with or convicted of a violation of a statutory traffic regulation, a statutory offense for which the penalty is a forfeiture or a municipal ordinance.
  • Lawfully taken into custody as a juvenile for a violation of or lawfully alleged or adjudged under the juvenile justice code to have violated a statutory traffic regulation, a statutory provision for which the penalty is a forfeiture or a municipal ordinance.
  • Pursuant to a civil arrest or body execution.

A person who is in the custody of a probation, parole, or extended supervision agent, or a correctional officer, based on an allegation or a finding that the person violated the rules or conditions of probation, parole, or extended supervision and who intentionally escapes from custody is guilty of a Class H felony.


A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class H felony:
  • Pursuant to a legal arrest for, lawfully charged with or convicted of or sentenced for a crime.
  • Lawfully taken into custody as a juvenile for or lawfully alleged or adjudged the juvenile justice code to be delinquent on the basis of a violation of a criminal law.
  • Subject to a disposition, or to a placement, or to aftercare revocation certain provisions of the juvenile justice code.
  • Subject to an order certain provisions of the children's code.
  • In custody under certain circumstances and leaves the state to avoid apprehension. Leaving the state and failing to return is prima facie evidence of intent to avoid apprehension.
  • Pursuant to a legal arrest as a fugitive from justice in another state.
  • Committed to the department of health services under ch. 971 or 975.

A person who intentionally escapes from custody under any of the following circumstances is guilty of a Class F felony:
  • While subject to a detention order under s. 980.04 (1) or a custody order under s. 980.04 (3).
  • While subject to an order issued under s. 980.06 committing the person to custody of the department of health services, regardless of whether the person is placed in institutional care or on supervised release.​

*Free Initial Consultations With Escape Defense Lawyers in Milwaukee or Waukesha, WI 
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For more information about our Milwaukee criminal lawyers in Waukesha, WI or about any of our other legal services available at our Waukesha & Milwaukee law firm, please contact us today!  
Also visit our information page on criminal resources in Milwaukee.
Waukesha and Milwaukee Huber Walk Away Defense Lawyers in Wisconsin
CRIMINAL LAW PRACTICE
Escape offenses in Wisconsin are serious crimes that subjects you to serious consequences.  It can be a crime leave a jail, prison, home or other facility, without lawful permission in Wisconsin, including walking away from Huber.  If you are criminally charged in Milwaukee, Waukesha, elsewhere in SE WI with an escape offense, you need tough representation.  The Milwaukee criminal defense lawyers at our Milwaukee and Waukesha, offices at Gamiño Law Offices have experience in various kinds of escape offenses, including failure to report crimes.  

It is our mission to be the best Wisconsin criminal defense lawyers in Waukesha, Milwaukee, and the area - we guard you, your rights, your reputation, your job, your future, and your freedom!  If you have been arrested or charged with an escape crime in Milwaukee, WI, or anywhere in Southeastern Wisconsin, call us right away.  Any time you are under investigation in Wisconsin for a criminal offense, tell police officers that you wish to speak with an attorney immediately. Early intervention by an experienced Milwaukee criminal defense lawyer makes all the difference in the outcome of a criminal case in Wisconsin.

Not all criminal defense lawyers in Wisconsin have the trial skills and ability to present a compelling case in court or negotiate a favorable plea agreement. At Gamiño Law Offices, our team of accomplished criminal trial and appellate attorneys have an impressive record of winning litigation skills, from pretrial motions to court or jury trials, and appeals. With more than 30 years of combined experience, we have the competent skill and aggressive ability necessary to get the results you need.
Wisconsin Escape Charges
  • Actual custody or authorized physical control of a probationer, parolee, or person on extended supervision by the department of corrections.
  • Constructive custody of persons placed on supervised release under ch. 980.
  • Constructive custody of prisoners and juveniles subject to an order under certain provisions of the children's code or juvenile justice code who are temporarily outside the institution whether for the purpose of work, school, medical care, a leave or a temporary leave or furlough granted to a juvenile, or otherwise.
  • Custody of the sheriff of the county to which the prisoner was transferred after conviction.
  • Custody of a person subject to a confinement order under s. 973.09 (4).
  • However, custody does not include the constructive custody of a probationer, parolee, or person on extended supervision by the department of corrections or a probation, extended supervision, or parole agent or the constructive custody of a person who has been released to aftercare supervision under ch. 938
​* Escape means to leave in any manner without lawful permission or authority.
* Legal arrest includes without limitation an arrest pursuant to process fair on its face notwithstanding insubstantial irregularities and also includes taking a juvenile into custody under the juvenile justice code.
* If a person is convicted of an escape under this section, the maximum term of imprisonment for the escape may be increased by not more than 5 years if an individual who had custody of the person who escaped is injured during the course of the escape.



Wisconsin Statute 946.425 defines failure to report to jail in Wisconsin as follows:
Failure to report to serve a non-continuous sentence: Any person who is subject to a series of periods of imprisonment instead of a continuous sentence and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class H felony.

Failure to report to serve a stayed sentence:
  • Any person who receives a stay of execution of a sentence of imprisonment of less than 10 days to a county jail under s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class A misdemeanor.
  • Any person who receives a stay of execution of a sentence of imprisonment of 10 or more days to a county jail under s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class H felony.

Failure to report to serve probation condition time:(1r) 
  • Any person who is subject to a confinement order under s. 973.09 (4) as the result of a conviction for a misdemeanor and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class A misdemeanor.
  • Any person who is subject to a confinement order under s. 973.09 (4) as the result of a conviction for a felony and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class H felony.

*A prosecutor may not charge a person with both failing to report to serve a non-continuous sentence and failure to report to serve a stayed sentence regarding the same incident or occurrence.
* Custody includes without limitation all of the following: 
  • Actual custody of an institution, including a juvenile correctional facility, a secured residential care center for children and youth, a juvenile detention facility, a Type 2 residential care center for children and youth, a facility used for the detention of persons detained under s. 980.04 (1), a facility specified in s. 980.065, or a juvenile portion of a county jail.
  • Actual custody of a peace officer or institution guard.
  • Actual custody or authorized physical control of a correctional officer.

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