“Aiding an Offender” is exactly what it sounds like. Harboring a person escaped from law enforcement custody, or assisting a person prior or after a crime, is illegal under state law.

In the following article, we’ll go over the penalties and some common defenses against aiding an offender charges in Minnesota.

Contact a Proven Defense Attorney in Apple Valley

If you or a loved one have been charged with aiding an offender in Dakota County then you need to contact an experienced defense attorney. These charges could have a significant impact on your future, and they should be taken seriously. James can work with you one-on-one to protect your rights.

Call James Blumberg Law at (952) 431-7758 to schedule a free consultation.

James Blumberg Law also represents clients in Rice County, Steele County, Dodge County, Carver County, Scott County, and Sibley County.

Aiding an Offender Information Center

How Aiding an Offender is Defined in Minnesota

Under Minnesota law, the crime of “Aiding an Offender” is defined as intentionally helping, assisting, or facilitating another person in the commission of a crime, or in evading capture, prosecution, or punishment after committing a crime.

The law is encapsulated under several sections in the Minnesota Statutes Section §609.495, which specifically addresses the acts of aiding an offender in escaping justice. This law recognizes that not only the person who directly commits a crime can be held accountable, but also those who, after the fact, provide assistance with knowledge of the crime.

There are two main forms of aiding an offender under Minnesota law:

  1. Aiding an Offender Before the Fact: This refers to actions taken by a person to help someone commit a crime. Examples include providing tools, plans, or other resources that facilitate the commission of the crime. However, this aspect is often prosecuted under the more direct charge of “aiding and abetting” rather than “aiding an offender.”
  2. Aiding an Offender After the Fact: This is the more common charge under §609.495. It involves helping someone avoid arrest, prosecution, or punishment after they have committed a crime. Common examples include hiding the offender, destroying or concealing evidence, or providing false information to law enforcement to mislead the investigation.

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Penalties for Aiding an Offender in Minnesota

The penalties for aiding an offender in Minnesota vary depending on the severity of the underlying crime and the level of assistance provided. If the underlying crime is a felony, then the person charged with aiding the offender will likewise be charged with a felony.

The statute categorizes the penalties based on the seriousness of the crime that the principal offender committed.

  1. Aiding an Offender to Avoid Arrest or Prosecution: According to §609.495 Subdivision 1, if a person assists an offender who has committed a crime that is not punishable by life imprisonment, the person may be charged with a felony and can face imprisonment for up to three years and/or a fine of up to $5,000. This applies to less severe crimes such as property crimes or non-violent offenses.
  2. Obstructing Investigations: If the act of aiding involves specific actions such as destroying evidence, providing false information, or otherwise actively misleading law enforcement, the penalties may be more severe. These acts can result in additional charges of obstruction of justice, which carry their own penalties. Subdivision 3 of Section 609.495 is punishable of up to ½ of the statutory maximum sentence or payment of a fine for the principle offender.

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Common Defenses

Several defenses can be employed when facing charges of aiding an offender. The specific defense strategy will depend on the circumstances of the case and the nature of the assistance provided. Common defenses include:

  1. Lack of Knowledge: One of the most common defenses is arguing that the defendant did not know that the person they were assisting had committed a crime. Minnesota law requires that the assistance be given with knowledge of the underlying crime. If the defendant was unaware of the crime, they may not be found guilty of aiding an offender. This means that the defendant would not be guilty for letting a room to an escaped convict unless they knew their new tenant was on the run.
  2. Coercion or Duress: In some cases, a defendant might claim that they were forced or coerced into aiding the offender under threat of harm. If it can be demonstrated that the defendant acted under duress, they may be able to avoid a conviction. However, the threat must be immediate and serious enough to justify the defendant’s actions. For example, a convict entering a person’s car and forcing them to drive at gunpoint is a justifiable action for the defendant.
  3. Withdrawal of Assistance: Another possible defense is if the defendant initially provided assistance but then withdrew their help before any harm was done or before the offender benefited from the assistance. For example, if someone initially agrees to hide an offender but then decides to call the police before the offender arrives, this may serve as a defense.
  4. Mere Presence: Being merely present at the scene of a crime or knowing about the crime without taking active steps to aid the offender typically does not amount to aiding an offender. A defense could argue that the defendant’s actions were passive or incidental and did not rise to the level of active assistance required for a conviction.

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Additional Resources

Aiding and Abetting Laws Changed – The state recently updated its laws on aiding and abetting to focus on those who directly commit or aid and abet murderers. The article raises the case of Megan Cater and Briana Martinson, a pair of teens who went to a drug dealer’s house with two men. The men ended up beating and killer the dealer and locking the girls in the apartment; as a result the pair pled guilty to aiding and abetting second-degree murder and were sentenced to 13.5 years. The court will review these cases one-by-one. This is another article on the same story.

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Hire an Aiding an Offender Defense Attorney in Apple Valley, Minnesota

If you have been charged with a firearm or weapons crime, contact Dakota County aiding an offender attorney James Blumberg. These charges could have a significant impact on your future, and they should be taken seriously. James can work with you one-on-one to protect your rights.

Call James Blumberg Law at (952) 431-7758 to schedule a free consultation.

James Blumberg Law also represents clients in Rice County, Steele County, Dodge County, Carver County, Scott County, and Sibley County.

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