What does it mean to conceal a felony?
Massachusetts law states:
“Whoever, having knowledge of the commission of a felony, takes money, or gratuity or reward, or an engagement therefore, upon an agreement or understanding, express or implied, to compound or conceal such felony, or not or prosecute therefor, or not to give evidence thereof shall…be punished…”
What must the government show to prove someone concealed a felony?
If a person has knowledge of someone:
- Committing a felony
- Taking money
- Accepting a gratuity
- Accepting a reward
…in an effort to:
- Compound (increase) the felony
- Conceal the felony
- Not have the felony prosecuted
- Not give evidence of crime committed
...this is a crime.
In order to prove that a defendant is guilty of the offense of compounding or concealing a felony the Commonwealth must prove the following elements of the crime beyond a reasonable doubt:
- That the defendant knew that a felony had been committed
- That the defendant made an agreement, either expressly or by silent understanding, to (ANY):
- Conceal that felony
- Not to prosecute that felony
- Not to give evidence about it
- That the defendant made such an agreement in exchange for something of valueor a promise of something of value
Is accepting a promise not to prosecute compounding a felony?
No, acceptance of a promissory note (i.e. a written pledge) not to prosecute does NOT constitute compounding a felony.
Is refusing to prosecute out of sympathy compounding a felony?
No, refusing to prosecute out of sympathy is NOT compounding a felony.
Is there an aggravated punishment for concealing a felony?
YES, there is an aggravated punishment for compounding or concealing a felony provided that the penalty for the offense is punishable by either death or imprisonment for life.
If the conviction is for a predicate felony (a subsequent felony committed within some period time after a previous felony conviction), the jury must additionally determine whether it has been proved beyond a reasonable doubt that the act committed was indeed a predicate felony. The judge will respond to such a situation by either providing the jury with a verdict form permitting it in the event of conviction to indicate whether or not the predicate felony was such OR submit a special question to the jury on whether or not the offense in question was indeed a predicate felony.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH COMPOUNDING OR CONCEALING A FELONY, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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