Are you facing charges of hindering apprehension or prosecution under the provisions of the Texas Penal Code? There are defenses you can raise. This blog post provides an overview of the law, as well as defenses you may assert. If you have actually been charged with hindering apprehension or prosecution, you want an experienced lawyer to protect your interests.
At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, we have protected the rights of people across the Dallas-Fort Worth Metroplex for almost 50 years combined. Kevin Clancy, a former prosecutor, has firsthand knowledge of the methods by which the state gathers evidence and prepares a criminal case. We can anticipate their actions and help you take preemptive measures to protect your rights.
The Texas Law Regarding Hindering Apprehension or Prosecution
The Texas Penal Code, in Section 38.05, makes it a violation of the law to engage in certain intentional acts for the purpose of hindering the arrest, prosecution, conviction or punishment of another person, including the detention, adjudication or disposition of a minor charged with delinquent conduct. The prohibited actions include:
- Harboring or concealing the subject of the arrest or detention
- Providing a means of escape, or aiding in the escape of such a person
- Warning another of their impending discovery or apprehension
Hindering apprehension or prosecution is customarily charged as a Class A misdemeanor, with penalties of up to one year in jail and/or $4,000 in fines. However, if the person you are protecting or whose apprehension or prosecution you are hindering has been charged with or convicted of a felony, you can also be charged with a felony.
Defenses to a Charge of Hindering Apprehension or Prosecution
Section 38.05 specifically states that it is a defense to prosecution for this crime if any warning you gave to a party was in an attempt to bring them in compliance with the law (to turn themselves in, essentially). In addition to the statutory defense, because the crime requires intent, you can argue that you reasonably had no knowledge that the person was being sought for arrest or detention, or was the subject of a criminal prosecution.
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For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call 214-740-9955.
Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.