Hindering prosecution is a criminal offense that involves intentionally helping another person avoid arrest, prosecution, or punishment after they have committed a crime. You can be charged even if you were not involved in the underlying offense. Hindering prosecution may be charged as either a misdemeanor or a felony and can result in jail or prison time, so working wiht an experienced criminal defense attorney is crucial.
Why Choose Michael A. Arbeit, P.C.?
Being accused of helping someone avoid arrest can quickly become a serious criminal matter. We respond early, evaluate the evidence, and develop a defense strategy designed to protect your rights and your future.
When you work with our firm, you receive:
- Nearly 30 years of criminal defense experience
- Direct attorney representation from beginning to end
- Immediate action after an arrest or investigation
- 24/7 availability for urgent situations
- Thorough review of evidence and police procedures
- Trial-ready representation when necessary
Trust us to resolve the case in the best possible way while minimizing the impact on your life. Call today for a confidential consultation.
What Is Hindering Prosecution?
Hindering prosecution occurs when prosecutors believe someone intentionally helped another person avoid arrest, prosecution, or punishment for a crime.
Unlike many criminal charges, you do not have to participate in the original offense to be charged. Instead, prosecutors claim your actions interfered with law enforcement’s efforts to locate or prosecute another individual.
Examples may include:
- Hiding someone from police
- Providing transportation to avoid arrest
- Supplying money to help someone flee
- Warning someone that police are looking for them
- Concealing evidence or helping destroy evidence
- Assisting someone in hiding their identity or location
Simply knowing someone who has been accused of a crime is not enough. Prosecutors must prove much more than association.
What Must Prosecutors Prove?
To obtain a conviction, prosecutors must establish several elements beyond a reasonable doubt, including:
- You knew or believed the other person had committed a crime.
- You intentionally provided criminal assistance.
- Your actions were meant to help that person avoid arrest, prosecution, or punishment.
Intent is often one of the most heavily contested issues. A misunderstanding, lack of knowledge, or innocent assistance may not satisfy the legal requirements for a conviction.
Is Hindering Prosecution a Felony or a Misdemeanor?
The answer depends on the circumstances and the seriousness of the underlying offense.
- Hindering prosecution in the Third Degree is generally charged as a Class A misdemeanor and usually involves assisting someone accused of a misdemeanor or less serious crime.
- Hindering prosecution in the Second Degree is a Class E felony and typically involves assisting someone accused of a felony.
- Hindering prosecution in the First Degree, the most serious form of the offense, is charged as a Class D felony and generally applies when someone helps another person avoid prosecution for certain serious felony offenses.
As the seriousness of the underlying crime increases, so do the potential penalties.
What Does “Rendering Criminal Assistance” Mean?
New York law uses the phrase rendering criminal assistance to describe the conduct that forms the basis of a hindering prosecution charge. Depending on the circumstances, prosecutors may claim someone rendered criminal assistance by:
- Providing shelter or transportation
- Concealing a person’s whereabouts
- Destroying or hiding evidence
- Helping someone escape detection
- Providing money or other assistance to avoid arrest
Whether those actions actually amount to a crime depends on the facts and the person’s intent.
Can You Be Charged for Helping a Family Member?
Yes. Family relationships do not automatically preclude prosecutors from filing hindering-prosecution charges. Parents, spouses, siblings, and other relatives may face allegations if prosecutors believe they intentionally helped someone avoid arrest or prosecution.
However, simply providing routine assistance or being related to the accused does not automatically establish criminal liability. Each case depends on what occurred and whether prosecutors can prove the required intent.
What Are Common Defense Strategies?
Every hindering prosecution case is different, but several defenses may apply depending on the facts. Potential defense strategies include:
- Lack of knowledge about the alleged crime
- Lack of intent to interfere with law enforcement
- Insufficient evidence
- Mistaken identity
- Constitutional violations during the investigation
- Challenging witness credibility or electronic evidence
A careful review of the facts may reveal weaknesses that significantly affect the prosecution’s case.
Talk to a Long Island Hindering Prosecution Attorney
Being charged with hindering prosecution does not mean prosecutors can prove the allegations. Michael A. Arbeit, P.C. represents clients facing misdemeanor and felony criminal charges throughout Long Island and New York and works to protect their rights from the earliest stages of an investigation through trial when necessary. Contact us today to discuss your case and learn how we can help you build a strong defense.
FAQs
Can I be charged with hindering prosecution if I did not commit the original crime?
Yes. Prosecutors may file hindering prosecution charges against someone who allegedly helped another person avoid arrest or prosecution, even if they were not involved in the underlying offense.
Can hindering prosecution charges be dismissed?
In some cases, dismissals or reductions may be possible if prosecutors cannot prove intent, knowledge, or another required element of the offense.
What is the difference between hindering prosecution and accessory after the fact?
New York does not recognize “accessory after the fact” as a separate criminal offense. Conduct that might be called “accessory after the fact” in other jurisdictions is generally prosecuted under the state’s hindering-prosecution laws.
Can I be arrested for helping a friend avoid the police?
Possibly. If prosecutors believe your actions intentionally helped someone avoid arrest or prosecution, criminal charges may follow. The facts and your intent are critical to determining whether a crime occurred.
What penalties can result from hindering prosecution?
Penalties depend on the degree of the offense and whether it is charged as a misdemeanor or felony. Potential consequences include jail or prison time, fines, probation, and a permanent criminal record.