What Does it Mean if You Are an 'Accessory After the Fact?'

When someone commits a crime, their next steps may involve trying to avoid arrest. And those who help a suspected criminal in avoiding capture or arrest can be charged as an “accessory after the fact.” While being charged as an accessory is not the same as the charges the suspected criminal is facing, it is still very serious. Obstruction of justice charges can accompany accessory after-the-fact charges because they are related.

If you are facing charges of being an accessory after the fact, contact a criminal defense attorney right away. They will assess the situation, determine the best defense strategy, and support you every step of the way.

Who Can Be Found Guilty of Being an Accessory After the Fact?

In criminal law, for you to be found guilty of being an accessory after the fact, you must meet the following criteria beyond a reasonable doubt:

• You knew the person committed, was charged with, or was convicted of committing a crime
• You destroyed evidence, hid, helped, or lied to police and/or prosecutors for that person

However, some factors that can work in your favor when mounting a defense can include proving:

• Your absence at the crime scene
• Your lack of knowledge of the crime or criminal
• Your relationship (or lack thereof) you have with that person

Knowledge of a Felony

This can be difficult to prove because the prosecution must show that you had actual knowledge of the crime. Just suspecting that the felony was committed is not enough.

Say a loved one calls you and tells you to bring them a new change of clothes. You do, and later they are charged with a felony. Since you did not know about the crime and did not think you were helping someone avoid felony charges, you may have a viable defense.

In another example, you find a gun, and you know that the gun was illegally in the possession of Bob, who you know is a convicted felon. However, you don’t know that Bob has recently used the gun in a murder when he asks you to help destroy the gun.

In this case, you couldn’t be charged as an accessory after the fact to murder since you didn’t know that the gun was used in the murder. However, you could still be charged with being an accessory after the fact regarding the gun violation, because you knew that Bob was already a convicted felon who could not legally own a gun.

Knowledge of a Felon’s Identity

The prosecution must also show that you knew the principal offender personally. That doesn’t necessarily mean knowing the felon’s name. You just have to know their identity. For example, if you see a robber running out of a bank and decide to help them make their getaway from the police, then you might be charged as an accessory after the fact.

Giving False Information

Finally, you must actively try to hide the felon or lie to the police. Refusing to provide information is not enough to be charged though it could lead to an obstruction of justice charge.

But in some states, giving false information with the intent of diverting suspicion is enough to be charged as an accomplice (meaning you’re charged with whatever the felon is charged with).

Criminal law wants to discourage aiders and abettors, so they make this a crime.

Let a Criminal Lawyer Help You

Being charged as an accessory after the fact is serious. The results of your criminal case will affect you for many many years to come. It will be a time when you will be required to make some very important decisions, decisions that may prompt you to question loyalties. You should have someone loyal to you on your side. Contact an experienced criminal defense lawyer to prepare your legal defense and guide you through this process.