Florida's Law on Breach of
Prison/Breaking in Prison and Punishments
A prisoner in a Florida prison that escapes or commits a breach of prison will be punished for the crime. breach of prison or breaking prison is a Second Degree felony in the state of Florida and the punishment for this is pretty severe. Breach of prison or breaking prison in Florida occurs when the prisoner either breaks out of prison or attempts to do so. Alternatively, when the prisoner is being transported to the prison or from the prison and then he or she makes an attempt to escape or actually escapes, then they will be charged with breach of prison.
A legal arrest is an essential prerequisite
For breach of prison charges to hold in a court of law, it is imperative that the prisoner was arrested in a legal manner. A prisoner that is only being detained in the course of an investigation, even when handcuffed, will not be convicted of breach of prison if he or she escapes or tries to escape from prison.
What is Breach of Prison?
As long as the prisoner has been confined in a prison or private correctional facility or even in a road camp or penal institution, and if he or she attempts to escape or actually commits a breach of prison, then they will be charged with a second-degree felony, which will be punished under Florida laws. The punishment meted out to the prisoner will then run concurrently with the sentence the prisoner is already serving.
Breach of prison or prison break occurs when the inmate leaves the prison through ways that are not legal or not officially sanctioned. In most cases, prison break will result in the authorities making a real effort to recapture the escapee and return them back to prison. To prevent prison break, the authorities will undertake a number of security measures which depend on the security level as well as the prison in which the prisoner has been incarcerated. Usually, there are fences surrounding the prison and use of barbed wire and razor wire is also standard procedure to prevent prison breaks. Guards will also be posted within the prison and they will make regular checks on the inmates. Technology is also used to deter and prevent prison breaks.
Breach of prison in Florida is a criminal offense and the quantum of punishment depends on facts whether the escaped prisoner used force or violence or arson to affect the prison break. Also, the crime for which he or she is incarcerated in the prison will also help determine the quantum of punishment for a prison break. Additional years will be added to the sentence when the prisoner is recaptured and returned to his or her prison.
Punishment for prison break or breaking prison in Florida
Prison break or breaking prison is considered a Second Degree felony in the state of Florida. If a prisoner commits a breach of prison and he or she is apprehended, then they will be punished severely. The amount of time that the recaptured prisoner will have added on to their original sentence can be anything up to another fifteen years in prison or they may have to serve fifteen years on probation and they can also be fined for a sum of not more than 10,000 dollars.
The state of Florida considers prison break to be a Level 6 offense and the court may then sentence the prisoner who is convicted of a breach of prison to probation. They can also be sentenced to further maximum prison time of fifteen years.
One of the defenses put up by prisoners that were recaptured after a prison break is they were not arrested legally. Keep in mind that conviction for prison break can only be upheld if the prisoner had been arrested lawfully.