Hindering prosecution in New York refers to actions that intentionally prevent, obstruct, or delay the prosecution or apprehension of a person who has committed a crime. This can include a variety of actions, such as helping a criminal evade law enforcement, destroying evidence, or providing false information to the authorities. Michael A. Arbeit, P.C. can counsel you should you find yourself charged with hindering a prosecution in New York.
Examples of Hindering Prosecution Cases
There have been several notable New York cases involving hindering prosecution. Charges of hindering prosecution are often part of broader criminal investigations involving other more serious charges. The legal outcomes of these cases depend on the evidence presented, the legal strategies employed, and the specific circumstances of each case.
Here are a few examples of some notable types of cases in New York:
- High-Profile Criminal Cases: Hindering prosecution charges are often seen in conjunction with high-profile criminal cases. For instance, associates or family members of individuals charged with serious crimes like murder, organized crime, or financial fraud may be accused of hindering prosecution if they are found to have assisted the primary suspect in evading law enforcement or obstructing justice.
- Political Corruption Cases: There have been situations where political figures or their associates are charged with hindering prosecution in corruption cases. This could involve destroying evidence, influencing witnesses, or using their position to obstruct investigations.
- High-Profile Financial Crimes: In cases of large-scale financial fraud or white-collar crimes, individuals associated with the primary suspects, such as colleagues, family members, or employees, might face charges of hindering prosecution if they attempt to cover up the crimes or assist in evading the investigation being conducted.
- Celebrity Involvement: Celebrities or public figures in New York might sometimes be involved in cases where they or their associates are accused of hindering prosecution, often attracting significant media attention.
- Law Enforcement and Judicial Misconduct: In rare cases, members of the law enforcement community or judicial system may be implicated in hindering prosecution cases, usually involving accusations of corruption or abuse of power.
Degrees of Hindering Prosecution
Under New York law (NY Penal Law § 205.65 (2022), hindering prosecution is considered a serious offense and is categorized into different degrees based on the severity and circumstances of the act:
- Hindering Prosecution in the First Degree: This is the most serious form of hindering prosecution. It typically involves assisting a person who has committed a class A felony (like murder or kidnapping). This is a felony charge itself.
- Hindering Prosecution in the Second Degree: This charge is less severe than the first degree, but is still considered a felony. It usually involves assisting someone who has committed a felony (although not necessarily a class A felony).
- Hindering Prosecution in the Third Degree: This is the least severe form of hindering prosecution, often involving assistance in hiding or protecting a person who has committed a misdemeanor. This can be charged as a misdemeanor.
Contact Our Long Island & New York Criminal Defense Attorney Today
The penalties for hindering prosecution in New York can be quite severe, including imprisonment, fines, and a criminal record, depending on the degree of the charge and the specifics of the case. It is important to note that the legal definitions and penalties can vary for these types of prosecution. As a result, consulting an experienced New York criminal lawyer is essential. Contact the law firm of Michael A. Arbeit. They can help you navigate the system and help you avoid the possible consequences of charges being brought in connection with hindering a prosecution.
S 205.50 Hindering prosecution; definition of the term.
As used in sections 205.55, 205.60 and 205.65, a person “renders
criminal assistance” when, with intent to prevent, hinder or delay the
discovery or apprehension of, or the lodging of a criminal charge
against, a person who he knows or believes has committed a crime or is
being sought by law enforcement officials for the commission of a crime,
or with intent to assist a person in profiting or benefiting from the
commission of a crime, he:
1. Harbors or conceals such person; or
2. Warns such person of impending discovery or apprehension; or
3. Provides such person with money, transportation, weapon, disguise
or other means of avoiding discovery or apprehension; or
4. Prevents or obstructs, by means of force, intimidation or
deception, anyone from performing an act which might aid in the
discovery or apprehension of such person or in the lodging of a criminal
charge against him; or
5. Suppresses, by any act of concealment, alteration or destruction,
any physical evidence which might aid in the discovery or apprehension
of such person or in the lodging of a criminal charge against him; or
6. Aids such person to protect or expeditiously profit from an
advantage derived from such crime.
S 205.55 Hindering prosecution in the third degree.
A person is guilty of hindering prosecution in the third degree when
he renders criminal assistance to a person who has committed a felony.
Hindering prosecution in the third degree is a class A misdemeanor.
S 205.60 Hindering prosecution in the second degree.
A person is guilty of hindering prosecution in the second degree when
he renders criminal assistance to a person who has committed a class B
or class C felony.
Hindering prosecution in the second degree is a class E felony.
S 205.65 Hindering prosecution in the first degree.
A person is guilty of hindering prosecution in the first degree when
he renders criminal assistance to a person who has committed a class A
felony, knowing or believing that such person has engaged in conduct
constituting a class A felony.
Hindering prosecution in the first degree is a class D felony.
Michael A. Arbeit, P.C. assists clients with hindering prosecution charges throughout Nassau County, Suffolk County, and New York City, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.