Connecticut General Statutes § 53a-167 – Hindering Prosecution in the Third Degree

What the Law Means (Plain English)

Connecticut makes it a crime to help someone avoid being caught or prosecuted after they’ve committed a crime. Under § 53a-167, a person is guilty of hindering prosecution in the third degree when they render criminal assistance to someone who has committed a misdemeanor (or similar lower-level offense). In simple terms: if you knowingly help a friend or relative hide, escape, lie to police, or destroy evidence to keep them from being arrested or charged for a misdemeanor, you can be charged under this statute.

The phrase “render criminal assistance” is defined broadly in the Penal Code. It includes actions like harboring or concealing someone; warning them of impending discovery or arrest; providing money, transportation, a weapon, disguise, or other means to avoid arrest; preventing or obstructing someone’s arrest; or suppressing or concealing evidence (like hiding stolen items or deleting incriminating footage).

Elements the State Must Prove

To convict under § 53a-167, prosecutors generally must show:

1. Underlying offense: Another person actually committed a misdemeanor (or comparable offense).
2. Assistance: You rendered criminal assistance—for example, hiding them, lying to police for them, or helping destroy evidence.
3. Knowledge/intent: You knew about the underlying offense (or the investigation) and acted with the purpose of helping them avoid detection, arrest, or prosecution.

Good-faith mistakes or innocent contact with a person without intent to help them evade typically do not satisfy the statute.

Penalties

Hindering prosecution in the third degree is a Class A misdemeanor in Connecticut. A Class A misdemeanor carries:

• Up to 1 year in jail
• Up to a $2,000 fine
• Probation and other court-ordered conditions (community service, counseling, stay-away orders)

Although it’s “only” a misdemeanor, a conviction is still a criminal record for an honesty-related offense, which can affect employment, licensing, immigration, and future court outcomes.

How These Cases Arise (Common Scenarios)

• Hiding a friend after a shoplifting arrest: You let a friend stay at your apartment and tell police you haven’t seen them, while the stolen goods are in your closet.
• Giving a getaway ride after a bar fight: You know your friend is being sought for a misdemeanor assault/breach of peace and you ferry them out of the area, telling them where patrols usually sit.
• Deleting evidence: You erase text messages or delete store camera footage that shows a companion committing a misdemeanor.
• False statements to officers: You tell police you don’t know the suspect’s whereabouts when you’re actively coordinating with them to avoid arrest.

Related Offenses (And How They Differ)

• Hindering Prosecution 1st & 2nd Degree: More serious versions tied to felony underlying crimes.
• Interfering with an Officer (§ 53a-167a): Obstructing or resisting your own interaction with police (e.g., resisting, refusing lawful orders).
• Tampering with Physical Evidence: Destroying or altering evidence even outside the “helping someone” context.
• Accessory Liability: Helping someone before or during the crime (not after); hindering is about after-the-fact assistance.

Defense Themes We Commonly Use

• No knowledge / no intent: You didn’t know a crime occurred, or your actions weren’t intended to help anyone evade arrest. Mere association or friendship is not enough.
• Assistance wasn’t “criminal assistance”: Courtesy or routine contact (e.g., giving a ride without knowing circumstances) doesn’t qualify.
• Ambiguity and credibility: Texts, timing, and words matter; if messages or statements don’t clearly show intent to hinder, the State’s proof is thin.
• Constitutional protections: You have no duty to incriminate yourself; statements obtained in violation of Miranda or through unlawful searches can be suppressed.
• Overcharge / wrong degree: If the State can’t tie your conduct to actually helping avoid detection for a misdemeanor, the charge may not fit.

Diversion Option: Accelerated Rehabilitation (AR)

Accelerated rehabilitation program AR is the most common path to a clean outcome for first-time or low-risk defendants charged with hindering prosecution 3rd (Class A misdemeanor). If the judge grants AR, your case is paused while you complete court-ordered conditions; when you finish, the charge is dismissed and erased.

Who Is Typically Eligible?

• Little or no prior record (especially no recent AR use or disqualifying convictions)
• The court finds you are unlikely to reoffend and that supervising you is in the interests of justice
• The offense is not of a serious nature and no statutory disqualifier applies
• Victim notice and input are considered (if there is an identifiable victim)

What’s the Process?

1. Apply for AR in court (there’s a fee).
2. Hearing: The judge weighs your background, the facts, any victim input, and the prosecutor’s position.
3. If granted: You’re placed on supervision (often 6–12 months, up to 2 years) with tailored conditions.
4. Upon successful completion: The case is dismissed and erased. No conviction, no record.

Typical Conditions for a Hindering Case

• Law-abiding behavior and no new arrests
• Community service (e.g., 20–50 hours)
• No contact with co-defendants or underlying suspect if ordered
• Counseling or decision-making course (as appropriate)
• Proof of employment/school or other stabilizing factors
• Restitution if any property loss stems from the underlying event

Why AR Matters

• Record protection: A dismissal avoids the permanent mark of a dishonesty-related offense.
• Employment/licensing: Prevents the red flag of a hindering conviction.
• Immigration: A dismissal is far safer than any plea to a crime involving deceit or obstruction.

If AR is denied

We pivot to negotiated reductions (e.g., amend to a lesser non-obstructive count), nolle agreements that pave the way to dismissal, or—if needed—trial defenses focused on knowledge/intent and whether your conduct was truly “criminal assistance.”

Practical Guidance if You’re Contacted by Police

• Don’t guess—don’t volunteer. Provide identifying information as required, but avoid off-the-cuff explanations.
• Ask for a lawyer. You have the right to counsel before answering questions.
• Preserve evidence. Do not delete texts or media; destruction can create separate problems.
• No contact orders. If conditions prohibit contact with the underlying suspect, follow them strictly.

Examples (Fact Patterns)

• “Crash here tonight.” After a shoplifting, you hide the person and the merchandise. You tell officers they haven’t been around. That’s classic harboring and false statements.
• “Take this phone and wipe it.” You know the phone contains messages about a misdemeanor assault and instruct someone to delete them. That’s suppressing evidence.
• “Cops are at your job—use my car.” You text warnings and hand over car keys to help them avoid custody for a breach of peace. That’s providing means to avoid arrest.

Frequently Asked Questions (10)1) Can I Be Charged For Helping a Family Member?

Yes. There’s no family exemption. Helping anyone evade arrest for a misdemeanor can trigger this charge.

2) What if I Didn’t Know They Committed a Crime?

Lack of knowledge is a key defense. The State must show you knew about the offense or investigation.

3) Is Simply Refusing to Talk to Police “Hindering”?

No. You have a right to remain silent. Hindering requires affirmative assistance to the other person.

4) What if I Only Lied Because I Was Scared?

Fear may explain behavior, but the statute focuses on whether you intended to help them avoid arrest. We use context to challenge intent.

5) Do I Have to Physically Hide Someone To Be Guilty?

No. Lying to officers, warning of police activity, providing money/transportation, or destroying evidence can all qualify.

6) Can I Be Charged if the Other Person Wasn’t Caught Yet?

Yes. The offense is your assistance with evasion, not the success of the evasion.

7) Is This the Same as Interfering With an Officer?

No. Interfering is about obstructing your own interaction with police. Hindering is about helping someone else after their crime.

8) Will I Go to Jail?

Jail is possible for a Class A misdemeanor, but many first-time offenders can avoid incarceration with the right strategy.

9) Will This Be On My Record?

A conviction creates a permanent misdemeanor record. That’s why diversionary options and dismissals are critical to explore early.

10) What Should I Do Now?

Stop discussing the situation with anyone but your lawyer. Preserve your phone/messages, and get counsel involved immediately.

Take Action Now

A hindering prosecution arrest can snowball quickly because it’s often filed on top of another investigation and fueled by texts, calls, and social media. The sooner we get involved, the faster we can protect your rights, manage communications, and push for the best outcome—ideally a reduction or dismissal that keeps your record clean.

📞 Call Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 for a confidential consultation.Or reach out through my secure online contact form, and I’ll respond promptly with a plan tailored to your case.

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