Accessory After the Fact

Under Florida Statute 777.03, the crime of acting as an Accessory After the Fact requires proof that a person aids, assists, or maintains a person knowing that the person committed a felony, with the intention of helping the person avoid or escape detection, arrest, trial, or punishment for the felony.

The crime requires more than merely refusing to cooperate with an investigation.

Certain family members are exempt from prosecution for this crime. But those family members might still face criminal liability under Florida’s Aiding Escape statute, which includes no family member exception.

The degree and offense level of “Accessory After the Fact” under S. 777.03 depends on the severity of the underlying felony. As such, this crime is classified as a derivative crime because the penalties depend, in part, on whether the underlying offense is classified as:

• a Capital Felony;
• a Life Felony;
• First Degree Felony;
• Second Degree Felony; or
• Third Degree Felony.

Attorney for Crimes of Being an Accessory After the Fact

If you are accused of being an accessory after the fact, contact an experienced criminal defense attorney at Sammis Law Firm. We can help you understand the charge, the potential punishment, and the best defenses to fight the case.

We can help you determine whether you might be exempt from prosecution for this crime because you are a family member of the person you are helping.

Call 813-250-0500.

Chapter 21.18 Jury Instruction for Accessory After the Fact

The jury instruction for the crime of being an accessory after the fact under § 777.03(1) Fla. Stat., were adopted in 1987 and last amended in 2008.

The jury instructions require proof of the following elements beyond a reasonable doubt:

1. A (felony alleged) was committed by (name of person committing felony).
2. After the (felony alleged) was committed, (defendant) [maintained] [assisted] [aided or attempted to aid] (name of person committing felony).
3. At that time, (defendant) knew that (name of person committing felony) had committed the (felony alleged
4. (Defendant) did so with the intent that (name of person committing felony) avoid or escape detection, arrest, trial, or punishment.

If the felony alleged is a third degree felony, give one additional element:

1. (Defendant) was not related to (name of person committing felony) by blood or marriage as husband, wife, parent, grandparent, child, grandchild, brother, or sister.

The jury instructions also define the felony alleged and provide:

It is not necessary for the State to prove that (defendant’s) assistance was successful in allowing (name of person committing felony) to avoid or escape detection, arrest, trial or punishment, nor is it necessary for the State to prove that (name of person committing felony) was convicted.

The intent with which an act is done is an operation of the mind and, therefore, is not always capable of direct and positive proof. It may be established by circumstantial evidence like any other fact in a case.

Penalties for Accessory After the Fact

The degree and offense level of “Accessory After the Fact” under S. 777.03 depends on the severity of the underlying felony including:

1. The offense of Accessory After the Fact to a Third Degree Felony is categorized as either a third degree felony or a first degree misdemeanor depending on the offense level assigned by Florida’s Criminal Punishment Code to the underlying felony offense.
   • If the offense of Accessory After the Fact to a Third Degree Felony is classified as either a Level 1 or 2 offense, the crime is charged as a first degree misdemeanor punishable by up to 12 months in jail and a $1,000 fine.
   • The offense of Accessory After the Fact to a Third Degree Felony is classified as a Level 3 or higher offense, the crime is charged as a third degree felony.
2. The offense of Accessory After the Fact to a Second Degree Felony is also charged as a third degree felony punishable by up to five (5) years in Florida State Prison and a $5,000 fine.
3. The offense of Accessory After the Fact to a First Degree Felony is charged as a second degree felony punishable by up to fifteen (15) years in Florida State Prison and up to $10,000 in fines.
4. The offense of Accessory After the Fact to a Life Felony is charged as a second degree felony punishable by up to fifteen (15) years in Florida State Prison and up to $10,000 in fines.
5. The offense of Accessory After the Fact to a Life Felony is charge as a second degree felony punishable by up to fifteen (15) years in Florida State Prison and up to $10,000 in fines.
6. The offense of Accessory After the Fact to a Capital Felony is charged as a First Degree Felony punishable by up to thirty (30) years in Florida State Prison and a $10,000 in fine.

Defenses to Accessory After the Fact Crimes

Florida law provides an exemption for a relative who committed certain third degree felony offenses when the help is provided by family members, including spouse, parent, grandparent, child, grandchild, or sibling by blood or marriage.

The exemption does not apply to a cousin, aunt, or uncle.

The exemption also doesn’t apply to crimes involving a child’s death, child abuse, or child neglect unless the Defendant is a victim of domestic violence.

For this reason, the court may need to determine whether the defendant is a victim of domestic violence if the felony alleged is:

• child abuse or aggravated child abuse;
• neglect of a child;
• aggravated manslaughter of a child under 18 years of age; or
• murder of a child under 18 years of age.

See § 777.03(1)(b), Fla. Stat.

This article was last updated on Wednesday, March 1, 2023.