Charged Under Minn. Stat. § 609.495? A Minnesota Lawyer Explains How Helping a Friend Could Lead to a Felony Conviction.
Your friend, partner, or family member was in trouble. They came to you in a panic, desperate for help. Out of loyalty, love, or fear, you did what you thought was right—you gave them a place to stay, you gave them a ride, you didn’t answer when the police came knocking, or maybe you just kept quiet. You were trying to be a good friend or a supportive family member. You never imagined that your act of loyalty could land you in the back of a squad car, facing your own set of serious criminal charges. Now, you are being charged with Aiding an Offender, and the line between being a friend and being a felon has become terrifyingly blurry.
The state of Minnesota doesn’t just prosecute the person who committed the initial crime; it aggressively pursues those who help them after the fact. The prosecutor will try to paint you as a criminal conspirator, someone who deliberately thwarted justice and helped a dangerous person escape the consequences of their actions. They don’t care about your motivations or the impossible position you were put in. All they see is a way to secure another conviction. But an accusation is not proof, and you have the right to a powerful defense. I am a Minnesota criminal defense attorney who has defended good people caught in these terrible situations across the entire state, from the Minneapolis-St. Paul metro area to Rochester, Duluth, and St. Cloud. I understand what’s at stake, and I am here to help you fight back.
More Than One Way to Be Charged: What Aiding an Offender Means in Minnesota
“Aiding an Offender” is not a single, simple crime in Minnesota. The controlling statute, § 609.495, outlines several distinct ways a person can be charged, each with its own specific rules and devastating penalties. This is not a minor offense; in most cases, it is a felony that can change your life forever. You could be facing charges for actions you didn’t even realize were illegal, all because you tried to help someone you cared about. Facing a Minnesota Aiding an Offender charge means the prosecutor believes you crossed a critical legal line.
The law covers a wide range of conduct. The most common charge involves harboring or concealing someone you know has committed a felony, with the intent to help them avoid arrest. But it also includes knowingly hiding a person who has violated their felony probation or parole. Furthermore, you can be charged as an “accomplice after the fact” if you obstruct the investigation of a violent crime by destroying evidence or lying to the police. The law even makes it a crime to “take the fall” for someone else to impede an investigation. Understanding which specific version of the charge you are facing is the first, most critical step in building your defense.
The Law on Aiding an Offender — Straight from the Statute
To begin defending yourself, you must first understand the precise language the state is using to prosecute you. The law is technical, and its specific definitions of knowledge, intent, and the type of underlying crime are critical to your case.
The controlling law is Minnesota Statutes § 609.495. The most common and critical sections state:
Subdivision 1. Definition of crime. (a) Whoever harbors, conceals, aids, or assists by word or acts another whom the actor knows or has reason to know has committed a crime under the laws of this or another state or of the United States with intent that such offender shall avoid or escape from arrest, trial, conviction, or punishment, may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both if the crime committed or attempted by the other person is a felony.
Subd. 3. Obstructing investigation. Whoever intentionally aids another person whom the actor knows or has reason to know has committed a criminal act, by destroying or concealing evidence of that crime, providing false or misleading information about that crime, receiving the proceeds of that crime, or otherwise obstructing the investigation or prosecution of that crime is an accomplice after the fact…
Subd. 4. Taking responsibility for criminal acts. (a) Unless the person is convicted of the underlying crime, a person who assumes responsibility for a criminal act with the intent to obstruct, impede, or prevent a criminal investigation may be sentenced…
Breaking Down the Legal Elements of Aiding an Offender
For the state to convict you, the prosecutor must prove every single one of the following legal elements beyond a reasonable doubt. Your defense starts by attacking the weakest points in the state’s case. If they cannot prove each element, you cannot be convicted.
- Knowledge of the CrimeThis is a critical mental state element. The prosecutor must prove that you knew or had reason to know that the person you helped had committed a crime. You cannot be found guilty if you were genuinely unaware of their criminal conduct. For example, if a friend asks to stay with you and claims they are having trouble with their landlord, when in reality they are hiding from the police, you may have a strong defense that you lacked the required knowledge.
- A Prohibited Act of AssistanceThe state must then prove you took a specific action to help the offender. This is a broad category that can include hiding the person in your home (harboring or concealing), giving them money or a ride out of town (aiding), lying to police about their whereabouts (assisting by word), destroying evidence, or falsely claiming you committed the crime yourself.
- Specific Intent to Help the Offender Avoid JusticeThis is often the most important element. It’s not enough to show that you helped the person; the prosecutor must prove that your specific purpose in helping them was to allow them to avoid or escape from arrest, trial, conviction, or punishment. If you helped for a different reason—for example, you gave your child money for food, not knowing they would use it to flee, or you lied to a threatening individual out of fear for your own safety—it attacks this crucial element of intent.
- The Required Underlying CrimeThe nature of the crime committed by the person you helped is extremely important. Under Subdivision 1, you can only be charged with a felony for Aiding an Offender if the principal offender committed a felony. For the more serious charge of Obstructing an Investigation under Subdivision 3, the underlying crime must be a specific, listed “crime of violence,” such as murder, assault, or robbery. If the underlying crime doesn’t meet these requirements, the charge against you may be invalid.
The Harsh Penalties for Aiding an Offender in Minnesota
Make no mistake: a conviction for aiding an offender is not a slap on the wrist. Minnesota treats these offenses as serious crimes, with penalties that can include lengthy prison sentences and substantial fines.
Aiding a Felon or Fugitive (Subdivision 1)
If you are convicted of harboring, concealing, or aiding someone who committed a felony, or someone wanted for a felony-level probation or parole violation, you are guilty of a felony. The maximum sentence is:
- Up to three years in prison.
- A fine of up to $5,000, or both.
Obstructing an Investigation of a Violent Crime (Subdivision 3)
This is one of the most serious forms of the offense. If you are convicted of being an accomplice after the fact by obstructing the investigation of a listed “crime of violence,” the penalty is tied to the principal offender’s crime:
- Up to one-half of the maximum prison sentence for the underlying violent crime. If the person you helped committed a crime with a 20-year maximum, you could face up to 10 years in prison.
Taking the Fall for Someone Else (Subdivision 4)
If you are convicted of falsely assuming responsibility for another person’s crime to obstruct an investigation, the penalty is also tied to the underlying offense:
- Up to one-half of the maximum prison sentence for the criminal act you took the blame for.
How Loyalty Becomes a Crime: Real-Life Scenarios in Minnesota
These charges almost always begin with a moment of panic and misplaced loyalty. You are forced to make a split-second decision, not realizing the lifelong consequences that could follow.
The Minneapolis Hideout
Your brother calls you in a panic. He was involved in a robbery in downtown Minneapolis and needs a place to lie low for a few days until things cool down. You know he’s in trouble with the law, but he’s your brother. You let him stay in your spare bedroom. When the police track him to your apartment, they don’t just arrest him—they arrest you, too, charging you with felony Aiding an Offender.
The Duluth Cover-Up
You are at a bonfire party in the woods outside Duluth when your best friend gets into a serious fight and badly injures someone. The next day, you help your friend burn their bloody sweatshirt and clean out their car. When the police question you, you lie and say your friend was with you all night. You think you’re just being a loyal friend, but you’ve actually committed the felony of Obstructing an Investigation.
The Rochester False Confession
Your 18-year-old daughter takes your car without permission and gets into a hit-and-run accident in Rochester. She is unlicensed and terrified. To protect her, you call the police and claim that you were the one driving the car and that you panicked and fled the scene. You have just committed the crime of Taking Responsibility for a Criminal Act, and you could face serious charges.
The St. Paul Fugitive
Your boyfriend has a warrant for his arrest because he stopped reporting to his probation officer in St. Paul on an old felony conviction. He asks to stay with you, and you agree. When police knock on your door with his picture, you tell them you haven’t seen him in months, even though he is hiding in your closet. You have now committed the felony of knowingly harboring a fugitive.
Defenses That Can Break the Link: Fighting Your Aiding an Offender Charge
When you are charged with Aiding an Offender, it can feel like you are being punished for someone else’s actions. But the state’s case against you is not unbeatable. These cases are often built on assumptions about what you knew and what you intended. My job is to attack those assumptions and introduce the reasonable doubt required for an acquittal.
Your defense begins with a deep dive into the facts. What did you really know, and when did you know it? What was your true motivation for your actions? Did the police follow the law when they questioned you? We will scrutinize every piece of the state’s evidence and build a strategy designed to show that you are not a criminal, but a person who was caught in an impossible situation.
Defense: Lack of Knowledge
The state must prove you knew or had reason to know that the person you helped had committed a crime. We can fight this head-on.
- You Were Deceived: The person lied to you about why they needed help. They claimed they were having relationship trouble, were getting evicted, or needed money for rent, not that they were fleeing from the law. You acted on false information.
- No Reason to Know: There were no obvious signs of criminal activity. The person was calm, had no visible injuries, and their story seemed plausible. We will argue that a reasonable person in your shoes would not have suspected they had just committed a crime.
Defense: Lack of Intent to Obstruct
Even if you knew about the crime, the state must prove your specific purpose was to help the offender avoid justice.
- Acting Out of Fear: You didn’t lie to the police to help your friend; you lied because your friend had threatened you or your family if you cooperated. This is the defense of duress, arguing you were coerced into your actions.
- Humanitarian Motive: You gave the person food, a coat, or a small amount of money because they were cold and hungry, not to help them buy a bus ticket to another state. We will argue your intent was humanitarian, not criminal.
Defense: The Underlying Crime Doesn’t Qualify
This is a powerful technical defense, especially for charges of Obstructing an Investigation under Subdivision 3.
- Not a “Crime of Violence”: The statute for Obstructing Investigation only applies if the underlying crime is on a specific list of “crimes of violence.” I will meticulously research the principal offender’s crime. If it’s not on that list—for example, if it was a financial crime or a simple drug possession—the charge against you is legally invalid and must be dismissed.
Defense: You Were Protecting Your Constitutional Rights
You have a Fifth Amendment right to remain silent and not incriminate yourself.
- Refusal to Cooperate is Not Obstruction: Simply refusing to answer police questions or refusing to consent to a search of your home is not a crime. We will argue that you were merely exercising your constitutional rights, not actively “aiding” or “obstructing” for the benefit of the offender.
Minnesota Aiding an Offender FAQs
What’s the difference between Aiding an Offender and Conspiracy?
Conspiracy happens before a crime is committed; it’s an agreement between two or more people to commit a crime in the future. Aiding an Offender happens after the crime has already been committed; it involves helping the person who committed it.
Can I be charged if I didn’t know the specific crime my friend committed?
Yes. The law only requires that you “knew or had reason to know” that they committed a crime. You don’t need to know the specific details, only that they were in trouble with the law for criminal conduct.
I lied to the police, but then I called them back and told the truth. Can I still be charged?
Yes, you can still be charged. However, your quick reversal and cooperation would be a powerful mitigating factor. I could use it to argue for a dismissal or a significantly reduced charge.
What is a “crime of violence” in Minnesota?
It refers to a specific list of crimes found in Minn. Stat. § 609.11, Subd. 9. This list includes offenses like murder, assault, robbery, kidnapping, and certain types of burglary and arson. If the crime isn’t on this list, you cannot be charged with the more serious form of Obstructing an Investigation under Subd. 3.
Do I have to talk to the police if they ask about my friend or family member?
No. You have a constitutional right to remain silent. You are not required to answer questions from the police. However, there is a difference between remaining silent and actively providing false information, which can be a crime.
Can I get in trouble for letting my boyfriend with a warrant stay with me?
Yes. If you know he has a warrant for a felony-level offense or a felony probation violation and you let him stay with you with the intent to help him evade capture, you can be charged with a felony under Subdivision 1.
Will I go to jail for Aiding an Offender in St. Cloud?
It is a very real risk. Most forms of this crime are felonies that carry a maximum sentence of three years or more in prison. A strong defense is critical to protecting your freedom.
My friend used my car in a robbery without my knowledge. Am I in trouble?
If you genuinely had no knowledge that your car would be used in a crime, you should not be charged. The state would have to prove you knew about the plan or knew about the crime afterward and then helped them conceal the evidence (e.g., hiding the car).
What if the person I helped is found not guilty?
This can be a powerful defense. While not automatic, if the principal offender is acquitted, it becomes much harder for the state to prove that you “knew” they had committed a crime. This would significantly weaken the case against you.
Can I be charged for posting bail for someone?
No. Posting bail for someone is a legally recognized right and is not considered Aiding an Offender, as it is a formal part of the court process.
What does it mean to be an “accomplice after the fact”?
This is the legal term for someone who helps a criminal after the crime is complete. In Minnesota, this term is specifically used in Subdivision 3 for the crime of Obstructing an Investigation of a violent crime.
Where can my case be prosecuted?
The law allows your case to be prosecuted in either the county where you committed the act of aiding (e.g., where your house is located) or the county where the original, underlying crime occurred.
Can I be convicted of Aiding an Offender AND the underlying crime?
Generally, no. These charges are for people who help another person. The law on “Taking Responsibility” specifically says it applies “unless the person is convicted of the underlying crime.”
What if I was forced to help?
This is the defense of duress. If you can show that you only helped the offender because you were under a direct and credible threat of serious harm to yourself or your family, it can be a complete defense to the charge.
What is the first thing I should do if police contact me about someone?
You should exercise your right to remain silent and state clearly that you wish to speak with an attorney. Do not lie, but do not provide any information. Call a defense lawyer immediately.
The Lifelong Consequences of an Aiding an Offender Conviction
A conviction for Aiding an Offender does not just mean potential jail time. It creates a permanent record that can damage your life in ways you never imagined.
A Felony Record for Someone Else’s Crime
One of the most devastating consequences is receiving a felony conviction on your record for a crime you did not personally commit. You will be forever linked to the actions of another person. This felony status will strip you of your civil rights and follow you for the rest of your life on every job application and background check.
A Permanent Mark of Dishonesty
This crime is, at its core, a crime of dishonesty and obstruction. A conviction tells potential employers, landlords, and professional licensing boards that you cannot be trusted and that you have actively worked to undermine the legal system. This can make it nearly impossible to find work in fields that require a high degree of integrity, such as finance, healthcare, security, or government.
Loss of Your Second Amendment Rights
A felony conviction in Minnesota means you will lose your right to own, possess, or use a firearm for the rest of your life. For those who hunt, engage in sport shooting, or simply believe in the right to self-defense, this is a permanent and profound loss.
Damaged Relationships and Social Stigma
Explaining a conviction for Aiding an Offender to family, friends, and your community can be incredibly difficult. You are forever tied to the crime of the person you helped. This can lead to social isolation and put immense strain on your personal relationships, as people may see your act of loyalty as a betrayal of community trust.
Why You Need a Tenacious Minnesota Defense Attorney
When you are charged for the actions of another, you need a lawyer who will fight to tell your story and separate your actions from those of the principal offender.
Challenging the State’s Evidence of Your “Knowledge” and “Intent”
The state’s case against you is likely built on circumstantial evidence and assumptions about what you knew and why you acted. I will meticulously deconstruct their case, challenging every piece of evidence. I will fight to show that you did not have the criminal knowledge or intent the state claims, but instead acted out of naivete, fear, or simple human compassion.
Mastering the Complexities of the Aiding Statute
This is not a simple statute. It has multiple subdivisions, each with its own specific requirements, like the “crime of violence” limitation. I know this law inside and out. I know how to identify the technicalities and legal arguments that can get a charge dismissed—arguments that a less experienced lawyer might miss.
Protecting You from the Principal Offender
In these cases, the person you tried to help can quickly become the state’s star witness against you, often trading testimony for a better deal on their own case. I know how to manage this difficult dynamic. I will protect you from being sacrificed for someone else’s benefit and will aggressively cross-examine the principal offender to expose their motives for turning against you.
A Statewide Defense for a Charge of Misplaced Loyalty
I have defended good people who made mistakes out of loyalty in courtrooms across Minnesota, from the suburbs of Eagan and Bloomington to the communities of Greater Minnesota. I understand that your crime was not one of malice, but of a heart in the wrong place. I am ready to bring a tenacious, compassionate, and legally sophisticated defense to your case, no matter where you have been charged.