How Much Prison Time Do You Get for Fleeing to Avoid Prosecution?

At Spodek Law Group, one of the most serious federal crimes we handle is fleeing to avoid prosecution under 18 U.S.C. § 1073. If you or a loved one has been charged with this offense, you likely have many questions and concerns. How much prison time am I facing? What are the chances of beating the charges? How can I protect my rights and freedom?As a premier federal criminal defense law firm, we have extensive experience defending clients against charges of fleeing prosecution. We understand the high stakes involved and the potentially life-changing consequences of a conviction. That's why we fight aggressively to secure the best possible outcome in every case we take on.In this article, we'll provide an overview of the federal crime of fleeing to avoid prosecution, including:

• The legal definition and elements of the offense
• The typical prison sentences and other penalties if convicted
• Strategies to fight the charges and avoid a conviction
• How our skilled federal defense attorneys can help protect your rights

If you've been charged with fleeing prosecution, the information here can help you understand what you're up against. But every case is unique, so it's critical to have an experienced lawyer evaluate the specific facts of your situation. Call the Spodek Law Group anytime at 212-300-5196 for a free and confidential consultation to discuss your case.

What is the Federal Crime of Fleeing to Avoid Prosecution?

Under 18 U.S.C. § 1073, it is illegal to travel across state lines (interstate) or leave the country (foreign commerce) with the intent to avoid prosecution for a felony offense. More specifically, the statute prohibits fleeing to avoid three things:

1. Prosecution for a crime punishable by death or felony
2. Custody or confinement after conviction for such a crime
3. Giving testimony in a criminal proceeding involving such a crime

To convict you under § 1073, federal prosecutors must prove the following elements beyond a reasonable doubt:

1. You traveled across state lines or left the country,
2. With the intent to avoid prosecution, custody/confinement after conviction, or giving testimony,
3. In connection with a crime punishable by death or felony under the laws of the place from which you fled.

Importantly, you can only be prosecuted for this offense in the federal district where the original alleged crime occurred, where you were in custody/confinement, or where you allegedly avoided service of process or contempt. The U.S. Attorney General's office must also provide formal written approval before charges can be filed.Some key points about this federal offense:

• It only applies if you cross state lines or national borders. Fleeing within the same state could be charged under state law, but not this federal statute.
• The underlying alleged crime you fled from must be a felony or capital offense. Fleeing to avoid misdemeanor charges does not violate § 1073.
• Actually avoiding prosecution is not required. The statute criminalizes fleeing with the intent to avoid facing charges, even if you are ultimately apprehended and prosecuted.
• Fleeing to avoid giving testimony only applies to criminal proceedings, not civil cases or other legal matters.

What are the Penalties for Fleeing to Avoid Prosecution?

If convicted of fleeing to avoid prosecution under 18 U.S.C. § 1073, you face up to 5 years in federal prison, a fine, or both. The judge has discretion to impose a sentence below the 5-year maximum based on the specific facts of the case and your criminal history.However, fleeing prosecution is often charged in connection with other serious felony offenses, which can carry their own lengthy prison terms. If convicted of multiple charges, you could face decades behind bars.For example, let's say you were charged with federal drug trafficking, which carries a potential life sentence. If you then fled the state to avoid those charges, you could face up to life in prison for the drug offense, plus another 5 years for unlawfully fleeing.In addition to imprisonment and fines, a conviction for fleeing prosecution can have other collateral consequences, such as:

• A permanent felony record that can impact employment, housing, professional licensing, and other opportunities
• Ineligibility for certain government benefits and programs
• Disqualification from owning firearms
• Potential deportation if you are not a U.S. citizen

With so much at stake, it's imperative to have a skilled and knowledgeable defense lawyer on your side if you've been charged with fleeing prosecution. An experienced attorney can assess the strengths and weaknesses of the government's case and develop an effective strategy to fight for your freedom.

Defenses to Fleeing Prosecution Charges

Just because you've been charged with fleeing to avoid prosecution doesn't mean you'll be convicted. Depending on the circumstances, there may be viable defenses to raise reasonable doubt and avoid a guilty verdict. Some potential defense strategies include:

Lack of Intent

As mentioned above, federal prosecutors must prove that you fled with the specific intent to avoid facing charges, sentencing, or giving testimony. If the evidence shows you traveled out of state for other legitimate reasons - like work, family obligations, or vacation - it can negate the intent element.For instance, maybe you booked a trip out of state before you were ever charged or subpoenaed in a criminal case. If you had no knowledge of the pending charges or legal proceedings, that would undermine any criminal intent for your travel.

Lack of Knowledge

Similarly, if you were unaware that criminal charges were filed against you, that can be a defense to fleeing prosecution. The statute requires that you fled to intentionally avoid known charges or legal obligations. Absent proof that you had such knowledge, the government's case may fall apart.

Insufficient Evidence

As in all criminal cases, the burden is on the prosecution to prove every element of the charged offense beyond a reasonable doubt. If there are holes in the government's evidence, or their proof relies on unreliable witness testimony, your attorney can exploit those weaknesses to sow reasonable doubt.

Improper Jurisdiction

Federal prosecutors can only bring charges for fleeing to avoid prosecution in specific judicial districts, as outlined in the statute. If the government files the case in the wrong jurisdiction, or fails to get proper DOJ approval, that could get the indictment dismissed.

Entrapment or Duress

In rare cases, an individual may flee to avoid prosecution because of entrapment or duress. Entrapment occurs when law enforcement improperly induces someone to commit a crime they otherwise wouldn't have. Duress involves fleeing under threat of death or serious bodily injury. If the facts support either defense, it could justify your flight and warrant an acquittal.

Statute of Limitations

Finally, there is a 5-year statute of limitations for prosecuting the offense of fleeing to avoid prosecution. If the government charges you more than 5 years after the date of flight, the case may be time-barred.Of course, every case is different, and not all of these defenses will apply in each situation. But a savvy defense lawyer will carefully examine all the facts and evidence to identify the most persuasive grounds for acquittal or dismissal of the charges.

How Spodek Law Group Can Help

If you or a loved one has been charged with fleeing to avoid prosecution, you need a federal defense attorney you can trust to protect your rights and freedom. With so much on the line, you can't afford to take chances with an inexperienced or overworked lawyer.At Spodek Law Group, we have a team of battle-tested trial lawyers and former federal prosecutors who know how to win these cases. We have a track record of success defending clients against even the most serious federal charges, including fleeing prosecution.Here are some of the ways our skilled attorneys can help:

• Conduct a thorough investigation to uncover evidence of your innocence or holes in the prosecution's case
• Identify the most effective defenses based on the unique facts of your case
• Negotiate with prosecutors for a dismissal or reduction of charges
• Fight for your acquittal at trial if necessary
• Argue for the lowest possible sentence if you are convicted

We understand that facing federal criminal charges is a terrifying and stressful experience. That's why we provide aggressive legal representation and compassionate personal support every step of the way. We will be your fiercest advocates and work tirelessly to achieve the best outcome possible.Some of the benefits of choosing Spodek Law Group include:

• A team approach that puts the full weight of our firm behind your case
• Extensive experience handling complex federal criminal cases
• Former federal prosecutors who understand how the other side thinks
• Connections with renowned investigators and expert witnesses
• 24/7 accessibility and prompt communication
• Free and confidential initial consultation

If you've been charged with fleeing prosecution, the worst thing you can do is try to handle it on your own. The federal criminal justice system is notoriously complex and unforgiving. You need a skilled legal advocate in your corner who can level the playing field and ensure your rights are protected.Don't wait until it's too late to get the help you need. Contact the Spodek Law Group today at 212-300-5196 to discuss your case and learn how we can fight for you. Your freedom and future are worth it.