Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.197a (2026)

Breaking or escaping from lawful custody under criminal process.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

THE MICHIGAN PENAL CODE


Act 328 of 1931


750.197a Breaking or escaping from lawful custody under criminal process.

Sec. 197a.

    A person who breaks or escapes from lawful custody under any criminal process, including periods while at large on bail, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00.

History: Add. 1955, Act 264, Eff. Oct. 14, 1955 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1989–2023 · leading case: People v. Lawrence, 632 N.W.2d 156 (Mich. Ct. App. 2001).
Sort: Relevance Newest Treatment
People v. Lawrence, 632 N.W.2d 156 (Mich. Ct. App. 2001). · cites it 24× “MCL 750.197a provides: Any person who shall break or escape from lawful custody under any criminal process, including periods while at large on bail, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 1 year, or by a fine of not more…”
People v. Gubachy, 728 N.W.2d 891 (Mich. Ct. App. 2007). “413; escape from lawful custody, MCL 750.197a; and malicious destruction of police property, MCL 750.”
People v. Williams, 620 N.W.2d 906 (Mich. Ct. App. 2001). · cites it 2× “Thus, we vacate defendant’s plea-based conviction and sentence for absconding on a felony bond and remand this matter to the trial court for entry of a conviction of the misdemeanor offense of breaking or escaping from lawful custody under any criminal process, MCL 750.197a; MSA…”
People v. Jones, 476 N.W.2d 646 (Mich. Ct. App. 1991). · cites it 2× “Failure to comply with the terms of a conditional release more properly falls under the misdemeanor statute governing escape from lawful custody, MCL 750.197a; MSA 28.394(1), which provides: Any person who shall break or escape from lawful custody under any criminal process,…”
People v. Pfeiffer, 441 N.W.2d 65 (Mich. Ct. App. 1989). · cites it 2× “The court did have a right to take such criminal conduct *173 into consideration at sentencing, but the court should also consider the potential punishment if defendant had in fact been convicted of this offense, plus the fact that the prosecutor elected not to charge defendant…”
People of Michigan v. Heather Renee Collins (Mich. Ct. App. 2016). “Defendant was sentenced as a fourth- offense habitual offender, MCL 769.12, to 2 to 15 years’ imprisonment with credit for 227 days served for her absconding on or forfeiting a bond conviction, 227 days in jail with credit for 227 days served for her escape from lawful custody…”
People of Michigan v. Lawrence Thomas (Mich. Ct. App. 2017). “The trial court sentenced defendant to life imprisonment for the felony-murder conviction, and concurrent prison terms of 25 to 40 years for each assault with intent to commit murder conviction, two to five years for the felon-in-possession conviction, and one year for the…”
People of Michigan v. Lawrence Thomas (Mich. Ct. App. 2017). “The trial court sentenced defendant to life imprisonment for the felony-murder conviction, and concurrent prison terms of 25 to 40 years for each assault with intent to commit murder conviction, two to five years for the felon-in-possession conviction, and one year for the…”
People of Michigan v. Paul Dean Smith (Mich. Ct. App. 2021). “479c(2)(c), escape from lawful custody, MCL 750.197a, and use of methamphetamine, MCL 333.”
Smith v. Carl (E.D. Mich. 2023). “LAWS § 750.197a; and Count VII, use of methamphetamine, MICH.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.