It’s natural to want to help a friend or family member in tough situations. Maybe they committed a crime, and suddenly, you’re put in a position where you’re trying to cover for them or help them evade the police.
For example, you might help them get rid of evidence, offer them a place to lay low or even give them money to travel elsewhere. However, you can be charged with being an accessory to the crime, even if you weren’t directly involved.
What the law in Colorado says
Under Colorado law, an accessory after the fact is someone who knowingly helps a criminal evade justice, whether it’s an arrest, trial, conviction or sentencing. The prosecutors must prove these elements beyond a reasonable doubt to secure a conviction:
- A crime occurred
- You assisted the perpetrator in some way
- You knew they had committed the crime or were a suspect
- You intended to prevent or delay law enforcement from catching the perpetrator
The penalties depend on the underlying crime. You could even face felony charges for being an accessory after the fact. You may not be subject to the same penalties as the person you helped, but a conviction could result in time behind bars, and you would have a criminal record.
Don’t take such charges lightly
It might seem easy to assume that you can claim ignorance if you find yourself in a situation where you’re charged with being an accessory after the fact. However, such a defense may not hold up in court as the circumstances of your case are presented to the jury.
Seeking legal guidance can help you understand your rights and explore viable defenses. This can increase the odds of a successful outcome.