New York Federal Misprision of a Felony Lawyer

The crime of Misprision of a Felony, in violation of 18 U.S.C. § 4, occurs when an individual is aware that another has committed a felony offense and both parties fail to notify the authorities of its occurrence and affirmatively takes steps to aid in its concealment. As the United States Supreme Court has recognized, the crime originates from the English common law’s recognition of one’s “duty to raise the hue and cry and report felonies to the authorities,” and has further described the offense as “the concealment of a felony which a man knows, but never assented to [become] either principal or accessory.” Branzburg v. Hayes, 408 U.S. 665, 696 (1972).

Importantly, while it is rare that a defendant is initially charged with this crime, experienced federal criminal defense attorneys may be able to convince a prosecutor that it be utilized in lieu of the underlying substantive offense for the purposes of a guilty plea because it represents a significant charge-down – and may be the difference between the defendant serving a lengthy term of imprisonment and none at all. If you are currently facing charges for this offense, contacting a New York federal misprision of a felony lawyer may be in your best interests.

How Does Federal Law Define Misprision of a Felony?

Pursuant to 18 U.S.C. § 4, anyone who has knowledge of the commission of a felony and conceals it or does not make it known to some judge or other authority of the United States may face fines and no more than three years of incarceration. Prosecutors must establish four factors to demonstrate that a defendant is guilty of this crime.

First, they must show that the principal committed and completed the alleged felony and that the defendant had full knowledge of that fact. Additionally, the defendant failed to notify the authorities and took steps to conceal the crime. United States v. Cefalu, 85 F.3d 964, 969 (2d Cir. 1996) citing United States v. Ciambrone, 750 F.2d 1416, 1417 (9th Cir. 1984); United States v. Baez, 732 F.2d 780, 782 (10th Cir. 1984).

It is extremely rare for misprision of a felony offenses to be prosecuted at the state level, primarily because most states use different terms when referring to similar behavior. For instance, in the state of New York, a person accused of helping a felon avoid arrest might be charged with being an “accessory after the fact.” Accordingly, federal misprision of a felony charges generally only apply when the felony in question was a violation of federal law that fell within the jurisdiction of federal law enforcement authorities.

What Actions May Constitute Misprision of a Felony?

Generally, a person must actively do something that helps obscure a felony offense in order to be charged with and convicted of misprision of a felony. For example, someone making a false statement to police that they were not aware of a friend or colleague’s felony offense may constitute a criminal offense, but simply failing to report a felony offense to the police in the first place usually would not.

Other forms that misprision of a felony could take depending on the circumstances include knowingly harboring a felon and/or helping a felon hide evidence of their crime. Importantly, though, the federal prohibition on misprision of a felony does not supersede the Fifth Amendment to the United States Constitution. This means that a person is not compelled to report a felony offense if doing so would likely result in them incriminating themselves. One of our skilled attorneys in New York could determine if a person’s action may constitute misprision of a felony.

The Potential Utility of Misprision Offenses

As noted, the significance of this crime for an experienced criminal defense attorney is not merely in defending against its charge in a federal indictment or complaint, but conversely, convincing a prosecutor that a defendant be charged with Misprision of a Felony instead of the underlying substantive crime, such as bank fraud, extortion or narcotics distribution. This is because its use results in a significantly lesser sentence upon conviction than the underlying crime, which is up to nine offense levels lower pursuant to the United States Sentencing Guidelines and may represent significantly fewer years in prison. Further, this offense carries no mandatory minimum sentence and a maximum term of incarceration of only three years, which is significantly less than most federal crimes.

The usefulness of this charge as a tool for a skilled New York defense lawyer is easily demonstrated by a recent federal misprison of a felony case handled by our firm, wherein we represented an individual charged with a violent crime: Collecting Extensions of Credit by Extortionate Means, in violation of 18 U.S.C. § 894. If convicted after trial, this individual would have faced sentencing guidelines of at least 33 to 41 months imprisonment. A year of investigating the prosecution’s star cooperating witness, however, revealed that he had committed perjury and defrauded banks on multiple occasions, and had misled the government about these crimes during his proffer sessions with them. Faced with the possibility that their star witness would be left without a scintilla of credibility after his cross-examination at trial, the government agreed to offer our client the opportunity to plead guilty to Misprision of a Felony, with an accompanying sentencing guidelines range of four to ten months imprisonment. Our client accepted and was sentenced to a term of probation with no period of incarceration.

Factors Impacting Sentencing

While a conviction for failing to alert a felony carries at most three years in federal prison, the structure of that sentence can vary depending on different factors. Because this offense is relation to concealing another crime, the severity of the underlying charge will play a factor. Misprision involving serious offenses, like human trafficking, are more likely to result in a defendant facing the maximum compared to lesser charges.

A judge will also consider the role a person had, including the lengths they went to in order to keep the crime a secret. Any effort to obstruct justice is more likely to result in steeper penalties. Finally, the defendant’s criminal history is also relevant, and anyone with prior convictions could face a sentence on the higher end of the spectrum. An attorney in New York can help fight a stiff sentence in a misprision of a felony case.

Potential Defense Strategies

There are options for fighting back against these charges, but based on the complex nature of the offense, handling a case without the support of a legal team is risky. A New York misprision of a felony attorney can evaluate all of the facts before identifying the best approach. Some of the strategies that are commonly used in these situations include the following.

First Amendment Rights

One way to approach this offense is by arguing that the accused did not report the act out of fear of being prosecuted themselves. Federal courts have held that the Fifth Amendment protection from self-incrimination applies to misprision cases. If the accused believed that reporting the crime could result in their own prosecution, they can plead the Fifth. This generally prevents accomplices to a criminal act from being charged with misprision of a felony, but it will not shield them from other offenses.

Lack of Evidence

It can be difficult for the federal government to prove guilt beyond a reasonable doubt in these cases. After all, the prosecution boils down to establishing what a person knew and when they knew it. There may not be any definitive proof that the person was aware a crime even occurred, much less covered it up.

Constitutional Violations

Everyone accused of a crime has certain protections thanks to the United States Constitution, and those facing misprision of felony charges are no exception. If federal authorities conducted a search and seized evidence unlawfully, an attorney could have any evidence discovered thrown out at trial. This could dramatically impact the government’s ability to prosecute the case, and in some situations, the loss of this evidence can lead the prosecution to drop the case entirely.

No Intent to Conceal

There must be some intent to conceal a felony to be guilty of this crime, like some type of active step or omission that occurred in an effort to aid the person who committed the offense. A defendant could build their case around the fact that they had no intent to hide any evidence of the crime.

Talk to a New York Federal Misprision of a Felony Attorney Today

Misprision of a felony in a serious offense. It also represents a gray area of the law where you can be charged with a crime you had no hand in committing. Often, federal authorities are overly aggressive when pursuing these charges. You deserve legal counsel that can help you fight back.

Hiring an experienced New York federal misprision of a felony lawyer to defend you in any prosecution is crucial. We could guide you through the legal process and work hard to mitigate any potential penalties you may be facing. Contact us today for a free consultation.