CCESSORY AFTER THE FACT

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US-JURY-6THCIR-CR-4-02
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CCESSORY AFTER THE FACT

Accessory after the fact is a legal term used to describe someone who aids, abets, or assists another person who has already committed a crime. It is a form of criminal liability that applies when an individual helps a criminal evade punishment after a crime has been committed. There are two types of accessory after the fact: an accessory before the fact, who assists in the planning or preparation of a crime, and an accessory after the fact, who assists the criminal after the crime has been committed. An accessory after the fact can be charged with the same crime as the principal offender, depending on the jurisdiction. In some states, an accessory after the fact may be charged with a lesser offense, such as obstruction of justice.

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FAQ

An accessory before the fact is defined as someone who ?counsels, hires or otherwise procures a felony to be committed.? An accessory after the fact is defines as someone who, after the commission of the felony, ?harbors, conceals, maintains, or assists the principal felon.? As the names of the crimes suggest, one is

An accessory-after-the-fact is someone who assists 1) someone who has committed a crime, 2) after the person has committed the crime, 3) with knowledge that the person committed the crime, and 4) with the intent to help the person avoid arrest or punishment.

Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

Yes, you can be charged "after the fact." There is no law requiring you to be immediately arrested or charged. If drugs were found on you, as they evidently were, you could be be charged up to a number of months later.

Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

While accessory after the fact focuses on a person helping a criminal avoid punishment, obstructing justice focuses on a person getting in the way of police involvement or the judicial process.

Examples of an accessory after the fact include: intentionally misleading or lying to police, giving a false alibi for another person, helping another person hide evidence, and destroying evidence related to a crime.

More info

What is accessory after the fact? The criminal laws of most states say that you are an accessory after the fact if you help a principal offender after the person commits a crime.And those who help a suspected criminal in avoiding capture or arrest can be charged as an "accessory after the fact. An accessory after the fact is a person who assists another in escaping or evading arrest after the commission of a crime has taken place. Can Smith be convicted of accessory after the fact to the murder? An accessory after the fact may be, where a person, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon. Accessory after the fact means that you helped someone who has committed a crime to avoid arrest after the crime itself. Instead, the charge of accessory after the fact punishes the offender who helps another person evade capture or somehow helps another conceal a crime. The law provides criminal liability for anyone who knowingly helps the perpetrator of a felony crime avoid arrest or prosecution. Chapter 777 PRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION; CONSPIRACY Entire Chapter.

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CCESSORY AFTER THE FACT