Earlier this year, we discussed how people can find themselves in serious trouble with the law for helping others evade arrest. This assistance can result in charges like obstruction of justice or being an accessory after the fact.
Another, less well-known, offense is “misprision of felony.” It is addressed in a brief federal statute that says, “Whoever, having knowledge of the actual commission of a felony…conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”
What makes misprision of felony unique?
It’s possible to be charged with misprision of felony, along with one or more of those other offenses. However, a misprision of felony conviction requires the following things to be proven:
- The crime that was concealed is a federal felony.
- A person has taken “affirmative steps” to conceal the crime or its true nature – not simply failed to report a crime they knew about to authorities.
Concealing the “true nature” of a crime can involve making an illegal act look like an accident or something unintentional. An obvious example would be making a strangulation look like the victim had hanged themselves.
Misprision of felony can be charged for anything from that example above or helping a person evade law enforcement, to helping their boss cover up their fraudulent actions in a business.
Being charged with any federal offense is a serious matter. It’s crucial to get experienced legal guidance as early as possible – even if you believe you may be under investigation – to protect your rights.
