What Is an Accessory after the Fact?

What Is 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. While not part of the original crime, the accessory after the fact may also face criminal charges if they help the other defendants get away. Some states may abbreviate accessories after the crime to “AATF” for short.

Some states make distinctions in the different parties to a crime. Persons who help to plan and execute the actual crime are called “principals”. People who help in some way after the crime has been completed are called accessories. Some states also make designations for “accessories before the fact.”

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What Are Some Examples of Being an Accessory after the Fact?
There are a number of acts and different types of conduct that can cause a person to be categorized as an AATF. These may include:

Acting as the getaway car driver
Helping the other parties to dispose of evidence
Acting as a decoy to distract law enforcement personnel
Aiding in the other defendant’s escape from various stages of the criminal process, including arrest, conviction, trial, and sentencing
What Are the Legal Penalties for Being an Accessory after the Fact?
Legal penalties for being an accessory to a crime will depend on various factors. AATF charges can either be a misdemeanor or a felony, depending on the situation. Generally speaking, being charged as an accessory after the fact will result in criminal fines and/or jail time. Penalties may depend on:

The person’s involvement in the crime and in the planning of the crime
The person’s previous criminal record
State laws
As previously mentioned, these penalties will vary widely according to state statutes.

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Are There Any Defenses to Accessory after the Fact Charges?
Defenses available to a defendant may include:

There was no crime actually committed
The defendant was not aware that they were being an accessory to a crime
The defendant was forced to act as an accessory under threat of harm, which is the duress defense
The defendant was simply a bystander
Mistaken identity or lack of evidence
Do I Need a Lawyer for Help with Accessory After the Fact Charges?
An accessory after the fact conviction can lead to serious misdemeanor or felony punishments under state and federal laws. You may need to hire a criminal law attorney in your area if you need assistance with any type of criminal charges. Your lawyer can help determine how the case might affect you, and can also help