Aggressive Defense to Wisconsin Prison, Jail or Huber Escape Charges

Waukesha and Milwaukee Huber Walk Away Defense Lawyers - Jail Escape Charge Milwaukee Wisconsin Criminal Defense Attorney

Did you walk away from Huber or house arrest, or fail to report on time to jail? If so, you may be charged with escape. In short, Wisconsin escape charges are serious crimes that subject you to significant penalties. However, our law firm defends clients against jail or Huber escape charges in Milwaukee, Wisconsin. We have an escape charge criminal defense attorney in Milwaukee who can help you.

First, the crime of escape includes leaving a jail, prison, home, or other facilities, without lawful permission in Wisconsin. Similarly, conduct that constitutes escape includes walking away from Huber. Consequently, you need tough representation if you must go to court for criminal charges of escape in Milwaukee or elsewhere in WI. Importantly, the Milwaukee criminal defense lawyers at our Milwaukee criminal law firm have experience defending escape offenses, including failure to report crimes

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What is the crime of escape under Wisconsin law?

Wisconsin statute 946.42 defines escape crimes in Wisconsin as follows:
Misdemeanor escape

A person in custody who intentionally escapes from custody under any of the following circumstances

  • 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.
Class H felony escape:

First, a person in custody based on an allegation (or a finding) that the person violated the rules or conditions of probation, parole, or extended supervision, who intentionally escapes from custody, who is in the custody of a

  • probation, parole, or extended supervision agent, or
  • a correctional officer

Second, someone in custody who intentionally escapes from custody under any of the following circumstances:

  • 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.
Class F felony escape:

A person who intentionally escapes from custody under any of the following circumstances:

  • 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 the custody of the department of health services, regardless of whether the person is placed in institutional care or on supervised release.​
What does it mean to be in custody in this section?

Custody includes without limitation all of the following: 

One, 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.

Two, actual custody of a peace officer or institution guard.

Three, actual custody or authorized physical control of a correctional officer.

Four, actual custody or authorized physical control of a probationer, parolee, or person on extended supervision by the department of corrections.

Five, constructive custody of persons placed on supervised release under ch. 980.

Six, 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.

Seven, custody of the sheriff of the county to which the prisoner was transferred after conviction.

Eight, custody of a person subject to a confinement order under s. 973.09 (4) to serve condition time on probation.

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

Other definitions relevant to escape charges under Wisconsin statute 946.42:

First, Escape means to leave in any manner without lawful permission or authority.

Second, 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.

Possible penalty enhancer under section 946.42 escape charges in Wisconsin:

A penalty enhancer may apply if injury results to an individual who had custody of the person during the course of the escape. Upon conviction for escape under this section, the maximum term of imprisonment for the escape may increase by not more than 5 years.

Wisconsin Statute 946.425 defines failure to report to jail in Wisconsin as follows:
Failure to report to serve a non-continuous sentence is a Class H felony:

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.

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:
  • 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.

What we do:

Specifically, it is our mission to be the best Wisconsin criminal defense lawyers in Milwaukee. Therefore, we guard you, your rights, your reputation, your job, your future, and your freedom! Accordingly, we can help if you face arrest or escape charges in Milwaukee or anywhere in Wisconsin. Please call us right away. Similarly, if you are under investigation for any crime, tell police that you want to speak with an attorney immediately. In summary, early intervention by an experienced Milwaukee criminal defense lawyer makes all the difference in the outcome of a criminal case in Wisconsin.

Our Wisconsin criminal attorneys can help!

Indeed, not all Wisconsin criminal defense lawyers have the trial skills and ability to present a compelling case in court. Similarly, not every criminal lawyer in Milwaukee can negotiate a favorable plea agreement or win at trial. However, our team of accomplished criminal trial and appellate attorneys have an impressive record of winning litigation skills. In particular, we argue every point to protect your rights, from pretrial motions to court or jury trials, and appeals. Finally, with decades of combined experience, we have the necessary skills and aggressive abilities to get the results you need.

In conclusion, contact us for more information about our Milwaukee criminal attorneys. Also, visit our information page with Wisconsin criminal law resources.