Tennessee's Law on Breach of Prison/Breaking in Prison and Punishments
Being charged with a Breach of Prison/Breaking Prison in Tennessee is a serious matter. Not only will you have to deal with the consequences, but the ill-effects will remain for life. There is a lot at stake for those who attempt to breach the prison or who help someone break out of prison.
Not such a glamorous thing
When you think about Breach of Prison, you probably have images of a breakout of prison from Alcatraz. However, there is a lot more to it and breaking in prison does not need to be a very glamorous thing. Keep in mind that you are breaking the law when you try it while serving your sentence. In fact, if you attempt and leave the custody to a police officer while in their custody, then again you are committing a crime.
No need to prove a crime has been committed
In Tennessee, it is not necessary for the state to prove that you have committed a prison break and the state also does not have to state the felony charge you are charged with. Also, it does not matter that you have or have not been convicted of the crime with which you are charged. If you try and break out of prison, you are going to be charged with a serious offense.
What is Breach of Prison?
If you are behind bars in county jail and you are also waiting for your sentencing and you attempt to break out of your prison cell or custody, then again you are to be charged with Breach of Prison. It is also a crime for you to not return to custody following a temporary leave of absence.
Intent to escape
Under TCA 39.16. 605, if you are arrested or charged or even convicted of an offense and you try and escape from the penal institution, you are going to face charges of breach of prison. You will be found guilty if the state is able to prove that you escaped from prison while still under arrest or that you acted with the intention of escaping.
What is a prison escape?
Punishment for Breach of Prison
Under Tennessee law, it does not matter that your prison break is classified as only a misdemeanor or felony. It is the crime for which you have been charged that is more important. So, if you were serving time for aggravated assault, which is a felony, then if you try and break out of prison while in the custody of the police while being housed in the local prison, you will be charged with a felony escape.
If you were only doing time for a misdemeanor and you tried to break out of prison in Tennessee, then you will be charged with a Class A Misdemeanor. Being convicted of a Class A misdemeanor means that you can be sent to prison for one year and you may also have to pay a fine of not less than 2500 dollars. If you are doing time for a Class E felony, then you will have to spend between 1 and 6 years in prison and you may also have to pay a fine of not more than 3000 dollars. Whatever the crime for which you are doing time in prison, a breach of prison invites penalty of supervised release or probation.