What is Concealing a Person from Arrest?
Anyone who takes steps to prevent a person's arrest may face criminal charges under federal or state law for concealing a person from arrest, underscoring the importance of jurisdiction-specific legal guidance.
Assisting a fugitive from justice is illegal under both state and federal laws in the United States. In simple terms, helping a fugitive—whether by hiding them or aiding their escape—can lead to serious criminal charges.
In a federal criminal investigation, harboring a wanted fugitive involves knowingly hiding them from authorities or actively aiding their status as a wanted criminal by federal authorities.
Readers should understand that a 'fugitive from justice' specifically refers to an individual who, after a federal court issues a bench warrant, fails to appear for a hearing, not someone who escaped from prison during arrest or questioning.
Instead, it refers to an individual who, after a federal court issues a bench warrant, fails to appear for a hearing.
Fugitive From Justice
In cases involving a fugitive from justice under federal statute 18 U.S.C. § 1071, which concerns concealing an individual from arrest, the prosecutor must prove certain elements of the crime to secure a conviction. These elements are outlined below.
The federal laws governing criminal conduct involving fugitives from justice are set forth in 18 U.S.C. Chapter 49. This chapter contains distinct statutes for various types of unlawful activities, the elements required to prove the offense, and the penalties imposed upon conviction.
Law enforcement is protected by law when attempting to arrest a person for allegedly committing a crime. If you are charged with helping someone evade law enforcement, it is crucial to consult an attorney immediately.
Our federal criminal defense lawyers will analyze the laws below to help you understand your situation better.
What Does Section 1071 Say?
Helping someone avoid arrest is illegal under federal law at 18 U.S.C. § 1071 and is referred to as concealing a person from arrest.
The law states: "Whoever harbors or conceals anyone with an arrest warrant issued under United States laws, to prevent discovery and arrest, knowing that a warrant has been issued for their apprehension, will face fines, imprisonment, or both."
The statute also specifies that if the case involves a felony charge or follows a conviction for the offense, penalties may include a fine, up to five years in federal prison, or both.
This type of charge exists at the state level and is prosecuted as a state crime when an individual assists another in evading state law enforcement for an alleged state offense.
Assisting someone in avoiding arrest becomes a federal offense if the individual being evaded is wanted for a federal charge. This offense applies when the helper knows that the person is subject to arrest or criminal charges and still chooses to shelter or conceal them.
What Must Be Proven to Convict?
As mentioned earlier, several "elements of the crime" need to be established for a conviction under 18 U.S.C. § 1071 for concealing a person from arrest, such as:
- A federal arrest warrant had been issued for the individual.
- The individual hiding them was aware that a warrant had been issued.
- The individual actively hid the fugitive from law enforcement.
- The individual deliberately took action to avoid the fugitive's detection or capture.
In simple terms, you could be convicted under 18 U.S. Code Section 1071 of hiding someone from arrest if a warrant was issued or the arrest process was underway, and you knew about it but still assisted them in avoiding capture.
What Are Related Federal Crimes?
There are three related crimes for concealing a person from arrest that fall under the umbrella of this chapter. All of them involve flight from prosecution, including the following:
- 18 U.S.C. § 1072: Concealing an escaped prisoner involves intentionally harboring or hiding someone who has escaped from the lawful custody of the attorney general or from a federal correctional facility institute.
- 18 U.S.C. § 1073: A flight to evade prosecution or avoid giving testimony involves moving across state or international borders to dodge charges, remain confined after conviction, or participate as a witness in criminal cases.
- 18 U.S.C. § 1074: A flight to avoid prosecution by damaging or destroying property occurs if a defendant moves or travels across state or international borders with the intent to evade custody or confinement after a conviction.
Related crimes can be used to provide alternative legal theories or facilitate negotiations for pleas to lesser offenses, helping to avoid more severe consequences and harsher punishments from a more serious charge.
What Are the Federal Penalties?
Hiding a person from arrest can lead to a federal misdemeanor or felony charge, based on the charges the individual evading arrest is facing.
If someone evading arrest is charged with a federal misdemeanor, aiding in their concealment will lead to a federal misdemeanor charge. Similarly, if they face a federal felony, helping hide them will result in a federal felony charge, such as:
- If concealing a person from arrest results in a federal misdemeanor charge, conviction may result in up to one year of imprisonment and a court-imposed fine.
- If concealing a person from arrest is charged as a federal felony, the convicted individual could face up to five years in prison and a fine imposed by the court.
This offense has the least severe penalties under this chapter of the U.S. Code. All other offenses in this chapter are always categorized as felonies. The penalties include:
- Hiding an escaped prisoner under 18 U.S.C. § 1072 is a federal crime that can lead to up to three years in prison.
- Fleeing to escape prosecution under 18 U.S.C. § 1073 is a federal felony that can lead to up to five years in prison.
- Fleeing to avoid prosecution for damaging property is also a federal felony, punishable by up to five years in prison and a court fine.
What Defenses Can Be Used?
The prosecutor must be able to prove all the elements necessary for a conviction; otherwise, the defendant should be acquitted. In cases involving the concealment of a person from arrest, the most common defenses are lack of knowledge and duress.
If the defendant unknowingly allowed the fugitive to remain with them without realizing that the fugitive was fleeing and facing criminal charges, this may be used as a defense to any charges of concealing someone from arrest.
If the defendant allowed the fugitive to stay at their residence or assisted in hiding them, but only did so out of feeling threatened by the defendant, this can be a defense against charges of concealing someone from arrest, as the act was not done willingly.
If this is the case, the prosecutor can also pursue criminal charges against the fugitive for pressuring the defendant to harbor or hide them. If the fugitive was not found at the defendant's home, the prosecutor must present evidence connecting the defendant to the fugitive to demonstrate that assistance was provided.
Eisner Gorin LLP, a law firm based in Los Angeles County, has two offices. We assist clients across California and the entire United States. Reach out to us to discuss your case details.
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