Potentially resulting in being charged with the criminal offense of being an Accessory after the Fact is anyone assisting someone who has committed a criminal act. Principal and Accessory are the two parties to crimes by Nevada Law (NRS 195). Whether present or not at the time the act took place, a principal is a person who directly commits the criminal act, or who aids and abets in the commission of a criminal act. After the commission of the criminal act, an accessory is someone who is asked for assistance. As outlined below, we at Kajioka and Associates, Attorneys at Law would like to discuss the specific conditions must exist in such cases.
What Does it Mean to Be Charged as an Accessory?
Becoming involved after the commission of the criminal act and knowing that the criminal act took place, an accessory is someone who was not involved or had knowledge of the crime before it was committed. After the commission of a felony, an accessory to a felony is defined as someone other than a spouse or domestic partner as found below:
– Material evidence of the felony is destroyed, concealed or aided in so doing
– To avoid or escape arrest, trial, conviction or punishment for the felony is harbored or concealed the offender with intent
– Knowledge that the offender has committed the criminal act
Someone other than spouse or domestic partner, parent or grandparent, sibling, child or grandchild, is an accessory to a Gross Misdemeanor:
– Where the offender has committed the criminal act is known
The offender’s intent to avoid or escape arrest, trial, conviction or punishment for the Gross Misdemeanor is harbored or concealed
Penalties for Accessory After the Fact
They may be sentenced to do time in jail or prison when accessories are arrested, charged and convicted. Unless you are a sibling, parent or grandparent, child or grandchild or the alleged principal, being convicted of being an Accessory in a Felony is considered a Category C felony. Conviction is considered a Gross Misdemeanor in such cases. Punished as a Misdemeanor, Conviction for Accessory to a Gross Misdemeanor.
Consequences of an Accessory Conviction (NRS 195.040). With punishments of between 1-5 years in state prison, and/or up to $10,000 in fines, an accessory in a felony conviction, is considered a Category C Felony. Being considered a Misdemeanor with 30 days to 6 months in a county jail, and/or $100 to $500 in fine, an accessory in a Gross Misdemeanor conviction.
Defenses for Accessories to Crimes
To the charge of being an accessory to a criminal act are available, several defenses that can include:
– To assist the criminal, taking no action
– There was no knowledge of the crime
– For not providing assistance they are being threatened