Starting level and typical ranges
These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Why was the person in custody: Arrested on a felony charge, or convicted of any offense | 13 | 12–18 months | 8–14 months | 4–10 months | 18–24 months |
| Why was the person in custody: Anything else | 8 | 0–6 months | 0–6 months | 0–6 months | 6–12 months |
What changes the sentence
Each of these facts moves the offense level under §2P1.1. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.
| Fact | Effect | Rule |
|---|---|---|
| Was force, or a threat of force, used against anyone: Yes | +5 | §2P1.1(b)(1) |
| Did the person escape from custody with no significant physical restraint: Yes, and the person came back or turned themselves in within 96 hours (with the level-13 starting point) | −7 | §2P1.1(b)(2), (b)(3) |
| Did the person escape from custody with no significant physical restraint: Yes, from a halfway house, community corrections center or similar facility, without a voluntary return within 96 hours (with the level-13 starting point) | −4 | §2P1.1(b)(2), (b)(3) |
| Did the person escape from custody with no significant physical restraint: Yes, and the person came back or turned themselves in within 96 hours (with the level-8 starting point) | −4 | §2P1.1(b)(2), (b)(3) |
| Did the person escape from custody with no significant physical restraint: Yes, from a halfway house, community corrections center or similar facility, without a voluntary return within 96 hours (with the level-8 starting point) | −2 | §2P1.1(b)(2), (b)(3) |
| Was the person a law enforcement or correctional officer or employee, or a Department of Justice employee, at the time: Yes | +2 | §2P1.1(b)(4) |
Important details
- Criminal history points are figured separately from this guideline: the sentence being served at the time of the escape still counts, and so can the points for being under a sentence at the time (§2P1.1, note 4).
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Frequently asked questions
What is the base offense level for escape?
The guideline for escape is §2P1.1 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 8 to level 13. The table on this page lists each starting point.
What is the guideline range for escape with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 13) alone, a person with no criminal history points who pleads guilty scores 4–10 months, including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for escape?
Possibly, with conditions. At the first starting point in the table with a guilty plea and the zero-point reduction the range is in Zone B, which allows probation with home detention, community confinement or intermittent confinement, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)).
Is the calculator accurate for escape?
It follows §2P1.1 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.