What is an Accessory After the Fact in Criminal Law?

 Posted on September 07, 2023 in Criminal Law

The criminal justice system holds individuals accountable for committing crimes, and their involvement after a crime has been committed. One such role is that of an accessory after the fact. If you have been charged as an accessory after the fact, you need to strongly consider hiring a criminal defense lawyer to ensure your rights are protected.

Definition of an Accessory After the Fact

In Texas law, an accessory after the fact is an individual who, after a crime has been committed, assists or harbors the perpetrator with the intent to prevent their identification, capture, or prosecution. This assistance can take various forms, such as providing the perpetrator shelter, transportation, or financial aid.

Legal Implications

The role of an accessory after the fact is considered a separate offense from the primary crime committed. While the primary offender is charged with the actual crime, the accessory after the fact, is charged for their assistance or involvement after the crime has taken place. This distinction allows the legal system to hold individuals accountable for their actions in obstructing justice.

Elements of the Offense

Several elements must be proven to establish that someone is an accessory after the fact:

1. It must be shown that a crime has been committed.
2. It must be demonstrated that the individual had knowledge of the crime and the perpetrator’s involvement.
3. There must be evidence of the individual’s intentional assistance or harboring of the perpetrator.

Consequences of Being an Accessory After the Fact

The penalties for being an accessory after the fact vary depending on the jurisdiction and the seriousness of the underlying crime. In general, being an accessory after the fact is considered a lesser offense than the primary crime itself. Penalties can range from fines to imprisonment, but they are typically less severe than those imposed on the primary offender.

Important Legal Distinctions

It is important to note that being an accessory after the fact is different from being an accomplice or co-conspirator in the primary offense. An accessory after the fact assists the perpetrator after the crime, while an accomplice or co-conspirator actively participates in the planning or commission of the crime. The legal implications and penalties can differ for each role.

Contact a San Antonio, TX Criminal Defense Attorney

If you are facing charges, contact the esteemed San Antonio, TX criminal defense lawyer with Law Offices of Sam H. Lock. Call 210-226-0965 for a