An individual who is an accessory before the fact

Individuals can be accessories before or after the fact. An accessory before the fact is someone who assists, aids, incites, abets, or encourages another person in the commission of a crime. The person does not need to be present at the crime to be considered an accessory before the fact. Another example would be giving someone the keys to a car to use in a robbery. An accessory after the fact is defined as someone who knows that a crime has been committed gives aid, shelter, or assistance to the person to avoid arrest or punishment.

The aid could be financial, but it could also be emotional support or material aid. An example of being an accessory after the fact would be withholding information from the police that could be used to arrest or convict the person who committed the crime. Driving a person away from a crime scene could also be considered an accessory after the fact.

The prosecution must prove that the person knew that the crime was going to be committed or the crime had been committed. Then the state must prove that the person acted with intent to assist the person in committing the crime accessory before the fact or acted with the intent to cover up the crime or help the person escape accessory after the fact. Proving that a person knew about the crime can be challenging.

Evidence that could be used to prove a person knew about the crime might include statements to the police, written communications, recordings of conversations, and eyewitness testimony.

Several defenses might apply when a person is charged as an accessory to a crime. You could argue that no crime was committed; therefore, you cannot be an accessory to the crime.

An accessory can still be prosecuted if the principal is acquitted. If convicted of being an accessory before the fact, an individual will also be guilty of conspiracy because there is always a combination between an accessory before the fact and a principal.

Understanding the legal distinctions between being an accessory before the fact, a principal and being a joint venture is necessary an cases where more than one person is accused of committing a crime. You need a lawyer who knows those distinctions and can convey them to the judge or the jury. This can mean the difference between winning a case and going to jail. Be smart. Research your decision before hiring a criminal defense lawyer. If you have been charged with being an accessory before the fact, Attorney Stephen Neyman can put his expertise to work for you.

Attorney Neyman, a leading Boston criminal defense attorney, has been practicing criminal law for more than two decades. He represents clients in the Boston area and throughout Massachusetts. If you would like to speak with him about any criminal matter, call the Law Offices of Stephen Neyman, P.

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