You can be charged with hindering apprehension or prosecution, if it’s alleged you’ve intentionally engaged in conduct which hinders the arrest, prosecution, conviction, or punishment of someone else. More specifically, you can be arrested for hindering apprehension or prosecution if you harbor or conceal someone else, provide aid to someone so they can avoid arrest or effect escape, or warn someone else of impending arrest.
Hindering Apprehension OR Prosecution Attorneys
Hindering apprehension or prosecution is a class A misdemeanor, punishable by up to one year in the county jail, and up to a $4000 fine, unless the person whose apprehension or prosecution is alleged to have been hindered is charged with a felony, in which case hindering apprehension or prosecution is third-degree felony, with a penalty range of 2 to 10 years and fine of up to $10,000.
Facing charges of hindering arrest or prosecution? You should call the Dallas hindering prosecution or apprehension attorneys at Berlof & Newton, P.C. 214.827.2800. Free consultation. Our Dallas hindering apprehension or prosecution attorneys each have over fifteen years of experience in the practice of criminal law. Call now, or use the “Get Legal Help Now!” form, located in the left margin of this web page, to contact one of our attorneys directly. Se habla español.
Texas Penal Code Section 38.05 Hindering Apprehension or Prosecution
(a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he: (1) harbors or conceals the other; (2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or (3) warns the other of impending discovery or apprehension.
(b) It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law.
(c) Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, including an offense under Section 62.102, Code of Criminal Procedure, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, including an offense under Section 62.102,
Code of Criminal Procedure and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 748, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 11, eff. Sept. 1, 1995. Amended by: Acts 2005, 79th Leg., Ch. 607, Sec. 1, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.19, eff. September 1, 2007.
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