Also known as: accomplices after the fact · accessory after the fact
Written by attorneys · grounded in primary & secondary sources — see below
A common-law classification of parties to a felony consisting of one who, after the felony is complete, knowingly aids the principal to avoid arrest, prosecution, or conviction.
Anika Anand learns that her neighbor has stolen equipment from a construction site. She then hides the equipment in her garage and lies to investigators about its location. Because Anika provided knowing post-crime assistance to help the thief evade detection, she qualifies as an accomplice after the fact.
Austin Abbott discovers that his friend has been convicted of burglary. He immediately burns the friend's clothing and tools that link him to the crime scene. Austin's actions after the felony, taken with knowledge of the offense to shield the principal from further consequences, establish him as an accomplice after the fact.
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Audrey Ashton learns her brother has been found guilty of embezzlement. She buys him a plane ticket and helps him leave the country before sentencing. Her knowing aid after the felony to prevent arrest and conviction makes her an accomplice after the fact.
Andre Antoine finds out his coworker has committed fraud at their company. He deletes digital files and shreds documents that would implicate the coworker once an audit begins. Because the assistance occurs after the crime with the purpose of obstructing prosecution, Andre is an accomplice after the fact.
Adrian Aguilar learns that his roommate has committed arson. He allows the roommate to stay in his cabin and supplies false identification to avoid capture. The post-felony assistance given with knowledge of the crime to help evade conviction renders Adrian an accomplice after the fact.
A principal in the second degree aids or encourages the crime while present at the scene. An accomplice after the fact provides assistance only after the felony is complete and with knowledge that it occurred, in order to help the principal avoid arrest or conviction.
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The person must know that a felony has already been committed. Assistance given without that knowledge does not create liability under this category.
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At common law an accessory could not be convicted unless the principal had first been convicted, although a joint trial permitted the jury to convict both after finding the principal guilty.
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…are less serious than completed crimes. See, e. g., S. D. Codified Laws § 22-4-1 (1979); 4 Blackstone 15. Similarly, an accessory after the fact should not be subject to a higher penalty than the principal. See, e. g., 18 U. S. C. § 3. Turning to the culpability of the offender, there are again clear distinctions that courts may…