If you are charged with Misprision of Felony, it means you had actual knowledge of a felony, and then concealed that knowledge rather than revealing it to authorities. It is not frequently charged, so it is likely that prosecutors are highly motivated for a conviction. The offense can result in a prison sentence, making it an imperative that you protect your rights with an experienced attorney. Contact our attorneys.

What is Misprision of Felony?

Misprision of Felony in the United States dates back to the first Congress in 1789. Today the statute is found in 18 U.S.C. ยง 4, which is as follows

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, 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 not more than $500 or imprisoned not more than three years, or both.

The law is perceived to prosecute a failure to perform a public duty, namely, reporting a crime to authorities. However, Misprision of Felony requires active concealment of a known felony rather than merely failing to report the crime. A typical act of concealment would be lying to a law enforcement officer who is investigating the crime.

The charge is similar to that of accessory after the fact, as both offenses involve active concealment of a crime. They differ in that misprision is committed only if the underlying crime is completed. In addition, misprision does not involve giving direct aid to the criminal. The crime of being an accessory after the fact also requires some sort of agreement between the accessory and the person committing the felony, which misprision does not.

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Misprision of Felony can result in a three year term in a federal prison. Don't trust your freedom to an average lawyer. Our attorneys have a reputation as a top trial attorney with a proven record of success, on both the state and federal court level. Contact a Boston Misprison of Felony lawyer today.

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