We all want to help a loved one who is in trouble with the law. And there are good ways to do it — and bad ways. If a loved one is running from the law and you hide them, not only will that person add to their problems, but you, too, could be in trouble. Here is what you need to know about harboring a fugitive in Tulsa.
What Does Oklahoma Say About Harboring a Fugitive?
In Oklahoma, it is against the law to knowingly conceal a wanted criminal from law enforcement authorities. Harboring a fugitive who has committed a misdemeanor is treated very differently than harboring a fugitive who has committed a felony. And while a conviction could mean jail time in either case, harboring a fugitive who has committed a felony could land in you prison for years.
Oklahoma law states that it is against the law to knowingly and willfully conceal or harbor a person who is either charged with or convicted of a misdemeanor. To do so is a misdemeanor. Okla. Stat. tit. 21 § 439.
Harboring a fugitive who has committed a felony is a serious crime in Oklahoma. Knowingly engaging in any act that may aid a fugitive escape arrest or flee from justice is against the law. This can include feeding them, providing clothing or money, giving them weapons, hiding them, or giving them a a place to stay. Doing so opens you to a possible felony conviction, punishable by up to 10 years in prison. Okla. Stat. tit. 21 § 440.
The statute is broadly written. Just about any help that you give can be construed to be against the law. In addition, a fugitive is broadly construed to include not only a convicted criminal, but also someone who is trying to evade arrest, or even someone who has been bailed out of jail and who wants to escape. Helping them in any way could get you into trouble.
This may happen in families and among friends more often than we think. It can be an excruciatingly difficult choice to make when a grown child or a boyfriend knocks on your door in the middle of the night seeking help. We may feel the taboo against turning against one’s family. But whether it is helping a child evade arrest, or a boyfriend flee the jurisdiction to avoid prosecution on drug charges — or cleaning up after a parent’s crime rather than calling the police — you could face criminal charges if you get involved.
Lack of Knowledge May be a Defense
The statute requires that you knowingly harbor the fugitive. That means that at the time you give aid, you do so knowing that the person you are aiding has committed a crime and that he or she is a fugitive. If you help without this knowledge, you may have a viable defense to the crime. This is a matter to discuss with an experienced Tulsa criminal defense attorney. An experienced attorney will know how to help you construct a good defense.
Free Consultation: Tulsa Criminal Defense Lawyer
We know how to handle these types of cases. Call us today at the Tulsa Criminal Defense Law Firm at (918) 256-3400 for a no-hassle, confidential consultation. If you prefer, we can call you or reach you by email, click here to ask your questions via the free online consultation request form.