How Much Prison Time Do You Get for Harboring a Fugitive?

Are you or a loved one facing charges for harboring a fugitive? You may be feeling scared, overwhelmed, and unsure of what to do next. At Spodek Law Group, we understand how stressful and frightening this situation can be. That's why our experienced criminal defense attorneys are here to help guide you through the legal process and fight for the best possible outcome in your case.In this article, we'll break down everything you need to know about the crime of harboring a fugitive, including:

• What constitutes harboring a fugitive under state and federal law
• The potential penalties and prison time you could face if convicted
• Defenses that may be available in your case
• Why it's critical to have an skilled criminal defense lawyer on your side

So if you're ready to learn more and take action to protect your rights and freedom, keep reading. And remember, the knowledgeable attorneys at Spodek Law Group are just a phone call away at 212-300-5196. Don't wait to get the legal help you need!

What is Harboring a Fugitive?

Before we dive into the potential prison time for this offense, let's clarify exactly what "harboring a fugitive" means under the law. In general, you can be charged with harboring a fugitive if you knowingly provide assistance or aid to someone who has committed a crime and is trying to avoid arrest or prosecution.Examples of harboring a fugitive may include:

• Allowing the fugitive to stay in your home to hide from law enforcement
• Providing the fugitive with money, clothing, food or other necessities
• Helping the fugitive obtain false identification documents
• Lying to police about the fugitive's whereabouts
• Driving the fugitive to another location to help them escape

Harboring a fugitive is illegal under both state and federal law. Many states have their own statutes criminalizing this conduct. And under 18 U.S.C. § 1071, it is a federal offense to harbor or conceal any person for whose arrest a warrant or process has been issued, with intent to prevent their discovery and arrest.The key elements that prosecutors must prove are:

1. A federal warrant had been issued for the fugitive's arrest
2. You knew that the person was a fugitive or that a warrant had been issued
3. You harbored or concealed the fugitive
4. You intended to prevent the fugitive's discovery or arrest

So even if you didn't know all the details of the fugitive's alleged crime, you can still be convicted if you were aware they were wanted by law enforcement and purposely assisted them in evading capture. Claiming ignorance is not a defense.It's also important to understand that the underlying offense the fugitive is accused of does not have to be a felony. Under federal law, you can be charged with harboring a fugitive even if they are only facing misdemeanor charges. However, the penalties are generally more severe if the fugitive committed a felony.

Penalties for Harboring a Fugitive

Now let's get to the heart of the matter - how much prison time could you realistically be facing for harboring a fugitive? The answer depends on several factors, most importantly whether you are charged under state or federal law and the specific facts of your case.

State Penalties

The criminal penalties for harboring a fugitive vary widely between states. Some examples of potential state sentences include: As you can see, a conviction for harboring a fugitive can result in significant prison time, up to 10 years in some states. However, the actual sentence imposed would depend on the circumstances of the case and the defendant's prior criminal record, if any. First-time offenders may be eligible for probation or a lighter sentence.

Federal Penalties

Under the federal harboring statute, 18 U.S.C. § 1071, the maximum prison sentence is also dependent on certain factors.If the underlying crime committed by the fugitive was a misdemeanor, harboring or concealing them is punishable by up to one year in federal prison.However, if the fugitive is wanted for a felony offense, the person who harbored them can face up to five years in prison if convicted.In cases where the fugitive was convicted of or is facing charges for a terrorist act or terrorism-related offense, a conviction for harboring them can even result in a life sentence.Here's a breakdown of the federal sentencing ranges: In addition to imprisonment, a federal conviction for harboring a fugitive can also result in a fine of up to $250,000.Of course, the sentence you receive would ultimately be up to the discretion of the judge, based on a totality of the circumstances. Federal judges consult the advisory U.S. Sentencing Guidelines when imposing sentences. Factors that can impact the sentence include:

• Your role in harboring the fugitive
• The length of time you assisted them
• Whether you had a prior criminal history
• Whether you cooperated with authorities after arrest
• Any aggravating or mitigating circumstances

Having a skilled federal criminal defense attorney to argue for leniency on your behalf can make a significant difference. At Spodek Law Group, our attorneys include former federal prosecutors who understand how the system works and the most effective strategies to minimize the consequences of a conviction.

Defenses to Harboring a Fugitive Charges

While facing charges for harboring a fugitive can feel overwhelming, you may have valid defenses that can be raised on your behalf. Some common defenses include:

• Lack of knowledge: If you can show that you did not know the person was a fugitive or that there was a warrant out for their arrest, you should not be convicted. However, willful ignorance is not a defense.
• Duress or necessity: If you assisted the fugitive because you reasonably feared imminent harm to yourself or others, or because it was necessary to prevent a greater harm, this may provide a complete defense.
• Familial relationship: Some states provide an exemption from harboring charges for close family members of the fugitive, such as spouses, parents, grandparents, children or siblings. This defense is not available under federal law.
• Lack of intent: If you did not intend to help the fugitive avoid arrest, but your actions inadvertently had that effect, you may be able to argue that you lacked the necessary intent to be guilty of harboring.
• Violation of constitutional rights: If evidence against you was obtained through an illegal search or seizure, or if your constitutional rights were otherwise violated, your attorney may be able to have the evidence suppressed.

Every case is unique, so it's critical to have an experienced criminal defense attorney thoroughly review the facts of your case to identify all possible defenses. At Spodek Law Group, we leave no stone unturned in building the strongest possible defense for each and every client we represent.

Why You Need an Experienced Criminal Defense Lawyer

Facing charges for harboring a fugitive is a serious matter with potentially life-altering consequences. You cannot afford to take any chances with your freedom and future. That's why it's absolutely essential to have a skilled and knowledgeable criminal defense attorney fighting for you.When you work with the legal team at Spodek Law Group, you can expect:

• A thorough review of your case to identify all possible defenses and legal strategies
• An aggressive approach to protecting your rights and challenging the prosecution's evidence
• Skilled negotiation to pursue dismissal of the charges or the most favorable plea agreement possible
• Extensive trial experience and zealous advocacy in court if necessary
• Compassionate counsel and support through each step of the legal process

We understand that every client's situation is unique and we will take the time to listen to your story, answer your questions, and craft a personalized defense strategy tailored to your needs and goals.Our attorneys have a proven track record of success in handling complex criminal cases in state and federal courts across the country. We are not afraid to take on even the toughest cases and will fight tenaciously to secure the best possible result for you.So if you or a loved one has been charged with harboring a fugitive, don't wait another minute to get the legal representation you need and deserve. Contact the experienced criminal defense lawyers at Spodek Law Group today at 212-300-5196 to schedule your confidential consultation. Your freedom and future are too important to leave to chance.