Harboring a Fugitive - 4 Things the State Must Prove

Feloniously Harboring or Aiding an Escaped Prisoner

North Carolina State Criminal Offense - General Statute 14-259

This offense is commonly called “harboring a fugitive,” and it occurs when a person provides shelter or other assistance to someone who is an escaped prisoner. It is important to note that this offense does not apply to members of the immediate family of such escapee. “Immediate family” is defined to be the mother, father, brother, sister, wife, husband and child of the escapee.

For a defendant to be found guilty of this offense, the State must prove four things beyond a reasonable doubt:

(1) First, that an escapee had been convicted of or was in custody upon a charge of a felony or that such person was a convict or prisoner whose parole had been revoked. “Fugitive from justice” for purpose of this statute, also means any person who has fled from any other jurisdiction to avoid prosecution for a crime.

(2) Second, that the escapee escaped from a jail, a reformatory, the criminal insane department of any State hospital, or the custody of any peace officer who had the escapee in custody.

(3) Third, that the defendant knew or had reasonable grounds to believe that the escapee had escaped.

(4) And Fourth, that the defendant concealed, hid, harbored, fed, clothed, or offered aid and comfort to, the escapee.

A person violating this statute shall be punished as a Class I felon.

At trial, if the jury finds from the evidence beyond a reasonable doubt that on or about the alleged date the escapee had been convicted of a felony or was in custody on a charge of a felony, and had escaped from a jail, a reformatory, the criminal insane department of any State hospital, or the custody of any peace officer who had the escapee in charge and that on or about the alleged date, the defendant, knowing or having reasonable grounds to believe this, concealed, hid, harbored, fed, clothed, or offered aid and comfort to the escapee, then it would be the duty of the jury to return a verdict of guilty. If the jury does not so find or has reasonable doubt as to one or more of these things, then it would be the jury’s duty to return a verdict of not guilty.

If you have been charged with Feloniously Harboring or Aiding an Escaped Prisoner in North Carolina, then you need a lawyer who has extensive experience handling these cases, both before trial in plea negotiations and, if a satisfactory result cannot be reached, in a trial by jury. Attorney Garland Byers is a former police officer, former Assistant District Attorney, and has successfully investigated, prosecuted, and defended, all types of criminal cases in North Carolina Superior Court, from First Degree Murder to infractions like failing to wear a seatbelt.

One thing you need to know: you have options. There are very effective defenses to this charge. Each case is, of course, different and the facts of your case are totally unique. Regardless, there are things that can be done to maximize your chances of obtaining a favorable result. But these things must be done early on in your case in order to put your case on the best possible footing.

Whether you want to plead guilty to a lesser offense, to take the case to trial, or you aren’t sure what to do, you should retain an experienced criminal defense lawyer to advise you immediately. Please give the law office of Garland Byers a call and have a consultation about your specific case. If you are a friend or family member reading this because your loved one is in jail, you can make the call on your friend or family member’s behalf to begin the process of turning the ship around.

Any lawyer with a valid law license can represent you. The challenge is to find the right lawyer with the right skills and the right experience for your specific case. Give us a call and let’s see if we are a good fit to guide you through these dangerous legal times. The choice of a lawyer is of critical importance. Make the right one.

Call the Byers Law Firm today.

Rev. 10/8/23