What Does Being Charged with Accessory After the Fact Mean?
While federal law tends to punish criminals severely, it can also penalize those who protect the criminals.
If you are aware of someone who has committed a federal crime and you take steps to shield them from the authorities, you may also be charged with a federal crime.
This is what's known as being an "accessory after the fact, and it is codified under Title 18, U.S. Code § 3.
If you're convicted of this offense, you may be sentenced to up to half the maximum amount of prison time as the person you were protecting.
Unlike a co-conspirator who helps plan a crime, or an aider and abettor who helps commit it, an accessory after the fact becomes involved only after the crime is committed.
The law essentially punishes the act of helping a criminal avoid justice.
What Does Section 3 Say?
18 U.S. Code 3, accessory after the fact, says "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.
Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years."
What Is an Accessory After the Fact?
Under 18 U.S.C. § 3, federal law describes an accessory after the fact as a person who, knowing an offense against the United States has been committed, receives, helps, comforts, or assists the offender to obstruct or prevent their arrest, federal trial, or punishment.
Unlike a co-conspirator who helps plan a crime, or an aider and abettor who helps commit it, an accessory after the fact becomes involved only after the crime is committed. The law essentially punishes the act of helping a criminal avoid justice.
This definition covers a wide range of conduct. It does not require you to have participated in the original crime.
In fact, you cannot be both a principal (the person who committed the crime) and an accessory after the fact to the same crime.
This charge specifically addresses your actions following the completion of the underlying federal offense.
The scope of "assisting" is broad. It can include hiding a fugitive, destroying evidence, lying to law enforcement to provide a false alibi, giving the offender money to escape, or driving a getaway car after the crime is fully completed.
What Factors Must Be Proven to Convict?
To secure a conviction under 18 U.S.C. § 3, the prosecution must prove the following specific elements beyond a reasonable doubt:
- Someone committed a federal crime;
- You were aware that the person committed the crime;
- You took affirmative steps to help the person; and
- You did so with the intent of hindering or preventing their arrest, trial, or punishment.
Bear in mind that it is not enough for the government to show that you suspected something was wrong or that you knew the person was generally "in trouble." They must prove you knew that the specific offense had been committed.
Penalties and Sentencing
The penalties for being an accessory after the fact are directly tied to the recommended maximum punishment for the underlying crime committed by the principal offender.
Generally speaking, if you are convicted of being an accessory after the fact, you could face:
- Up to one-half the maximum sentence for the principal's offense; and/or
- Up to one-half the maximum fine for the principal's offense.
For example, if you are convicted of assisting someone who committed a federal bank robbery punishable by up to 20 years, you could face up to 10 years in prison.
This derivative sentencing structure emphasizes the severity of hindering federal law enforcement.
There is a specific exception for very serious crimes. If the principal offender committed a crime punishable by life imprisonment or death, the maximum sentence for the accessory after the fact is 15 years in prison.
What are the Related Federal Laws?
18 U.S. Code Chapter 1 Part I, General Provisions, has numerous related laws, including the following:
- 18 U.S.C. 2. Principals
- 18 U.S.C. 3. Accessory after the fact
- 18 U.S.C. 4. Misprision of felony
- 18 U.S.C. 5. United States defined
- 18 U.S.C. 6. Department and agency defined
- 18 U.S.C. 7. Special maritime and territorial jurisdiction of the United States defined
- 18 U.S.C. 8. Obligation or other security of the United States defined
- 18 U.S.C. 9. Vessel of the United States defined
- 18 U.S.C. 10. Interstate commerce and foreign commerce defined
- 18 U.S.C. 11. Foreign government defined
- 18 U.S.C. 12. United States Postal Service defined
- 18 U.S.C. 13. Laws of States adopted for areas within Federal jurisdiction
- 18 U.S.C. 15. Obligation or other security of foreign government defined
- 18 U.S.C. 16. Crime of violence defined
- 18 U.S.C. 17. Insanity defense
- 18 U.S.C. 18. Organization defined
- 18 U.S.C. 19. Petty offense defined
- 18 U.S.C. 20. Financial institution defined
- 18 U.S.C. 21. Stolen or counterfeit nature of property for certain crimes defined
- 18 U.S.C. 24. Definitions relating to Federal health care offense
- 18 U.S.C. 25. Use of minors in crimes of violence
- 18 U.S.C. 26. Definition of seaport
- 18 U.S.C. 27. Mortgage lending business defined
What are the Common Defenses?
Being charged as an accessory after the fact is nothing to take lightly. If convicted, you could face significant penalties and generate a permanent criminal record.
Your best chance of avoiding the worst outcomes is with the help of an experienced federal criminal defense attorney. A good attorney can implement several defense strategies to combat these charges.
These include, but are not limited to, the following:
- Lack of Knowledge: A common defense is that you simply did not know a crime had been committed. If you helped a friend with money or a ride without knowing they had just robbed a bank or committed fraud, you were not an accessory after the fact.
- Lack of Intent: Your attorney may argue that while you assisted the person, you did not do so with the intent to hinder their apprehension. For example, if you drove a relative to a location because they asked for a ride, and not to help them escape police, you might not have the specific intent required for a conviction.
- Duress or Coercion: If you only assisted because you were threatened with immediate bodily harm or death, a defense of duress may apply. If you were forced to drive a getaway car at gunpoint, for instance, you did not act with criminal intent.
- Mere Presence or Silence: It is a valid defense to argue that you were merely present or simply failed to report the crime. Federal law generally does not punish individuals solely for failing to alert the authorities. To be convicted, prosecutors must show you took active steps to conceal the crime or the offender.
For additional information, contact our federal criminal defense law firm at Eisner Gorin LLP.