Rescuing a prisoner is against the law in California. Individuals who try to free someone from legal custody face charges under Penal Code 4450. According to PC 4450, attempting to rescue a prisoner, even if you fail to do so, can lead to criminal charges.
A conviction under PC 4450 can result in fines and time behind bars. Rescuing a prisoner is considered a felony offense in California. Get help understanding PC 4450 charges and how to handle them by contacting the Simmrin Law Group at (310) 997-4688.
Rescuing a Prisoner in California
PC 4450 is used to prosecute individuals who:
- Rescue a prisoner
- Help someone who is rescuing a prisoner
- Attempt to rescue a prisoner
Under PC 4450, individuals are classified as prisoners if they are held in a:
- County jail
- State prison
- Prison road camp
- Country road camp
- Jail road camp
Additionally, individuals in the lawful custody of a police officer are considered prisoners in California. You should also know that rescuing a prisoner is a crime of intent. This means that charges apply even if the rescue is unsuccessful.
Similar Charges to Rescuing a Prisoner
There are several charges similar to PC 4450 in the state of California. These charges include:
Individuals can face charges for resisting arrest if they impede a law enforcement officer who is trying to carry out their duties. Law enforcement officers have a legal duty to arrest individuals who commit crimes. Individuals resist arrest if they try to evade incarceration by the police.
Evading an Officer
Drivers are not lawfully allowed to evade a police officer in California. Police officers may try to stop a driver if they believe the driver committed a crime. Drivers are supposed to stop if police officers signal for them to stop or pull over. Failure to obey these orders can lead to criminal charges in California. Learn more about how to fight these charges with the Simmrin Law Group.
Penalties for Conviction
Rescuing a prisoner is a felony charge in California. There are several severe penalties for a PC 4450 violation. These penalties can vary based on the status of the prisoner who was rescued.
Individuals can face up to three years of incarceration if they rescue (or attempt to rescue) a prisoner. The repercussions increase if individuals attempt to rescue someone who is charged with a felony that could lead to the death penalty. In this situation, the individual aiding the escape can face up to four years of incarceration.
A criminal defense lawyer in Los Angeles can help you learn more about the penalties for rescuing a prisoner and help you fight those charges. Don’t wait to get help. Reach out to the Simmrin Law Group right now at (310) 997-4688.
Possible Legal Defenses
There are certain legal defenses you can use in court if you are accused of rescuing a prisoner. We can help you consider these defenses carefully and decide which one works best for your situation. For instance, your lawyer can help you show that:
You Rescued the Prisoner Out of Necessity
In some cases, circumstances beyond your control could require you to rescue a prisoner. For example, perhaps you were visiting the jail during a natural disaster. You may have freed a prisoner because you needed help with an evacuation. In this case, you may have acted out of necessity and may be able to avoid penalties.
You Were Forced to Release a Prisoner
You could also be forced to release a prisoner against your will. For example, let’s say that another person threatened your life if you did not help rescue the prisoner. Your lawyer could work to build a defense for you in this situation.
You Were Coerced into Confessing
Law enforcement officers sometimes overstep their bounds during legal investigations. Perhaps they coerced you into admitting to releasing a prisoner, despite not actually doing so. Inform a lawyer right away if you are in this situation.
Ask a Lawyer Today About How to Fight Rescuing a Prisoner Charges
Facing charges for rescuing a prisoner here in California? Reach out to the Simmrin Law Group for help handling Penal Code 4450 charges. We’ll begin working on your defense right now. Find out more about how to proceed by calling (310) 997-4688. You can also complete our online contact form. Get in touch with a Los Angeles criminal defense lawyer now for a free consultation.