Being an accessory to a crime is not a specific criminal charge, but a way to define one’s involvement in an offense. If you are accused of being an accessory to a violent or serious crime in Utah, contact our lawyers, as you might be facing harsher consequences than you anticipated.
Utah’s definition of “accomplice liability” makes certain accessories before the fact responsible for the same offense as a principal offender. So, an accomplice to first-degree felony burglary is charged with a first-degree felony for burglary. Accessories after the fact help principal offenders and impede law enforcement, and so may face felony or misdemeanor charges for obstruction of justice.
For a free case evaluation from our Park City, UT criminal defense lawyers, call Overson & Bugden at (801) 758-2287.
Charges for Accessories Before the Fact
If you are an accessory before the fact, that means you helped the principal actor commit the crime. Intentionally soliciting, requesting, commanding, encouraging, or aiding another person to commit a crime makes a defendant an accessory, and in some cases, an accomplice.
Helping to plan a crime, providing weapons, offering advice, giving instructions, or funding the offense while in the mental state required to commit the offense can lead to the same charges as the principal offender for the accomplice.
An accessory before the fact might also be charged with conspiracy, the classification for which depends on the offense the defendant conspired to commit.
Charges for Accessories After the Fact
Someone who is an accessory after the fact helps the principal offender with the crime after it has occurred. Helping someone dispose of a weapon, driving the getaway car, or obstructing police investigations are examples of being an accessory after the fact.
As an accessory after the fact, you cannot be charged with the same crime as the principal offender, but you may face charges for obstruction of justice that carry serious consequences. For example, if the principal offender is facing first degree felony charges, obstruction of justice is a second degree felony for an accessory after the fact.
What Are the Penalties for Being an Accessory to a Crime?
If prosecutors deem you an accomplice to murder, sex crimes, or drug offenses, you might be charged with the same exact felony as the principal offender. Being an accomplice to first-degree murder makes an individual responsible for first-degree murder, even if they did not commit the murder themselves.
So, the penalties for being an accessory before the fact to a crime vary, depending on the crime committed by the principal offender.
For accessories after the fact, penalties depend on the level of obstruction of justice charges filed against them. For example, a second degree felony charge for obstructing justice carries a maximum sentence of 15 years in prison, while a class A misdemeanor charge only carries up to 364 days in jail.
What to Do if You Are Charged with Being an Accessory to a Crime in Utah
If law enforcement suspects you as an accessory to a crime in Utah, call our attorneys. Even if you have yet to be arrested or charged, we can take on your case and start advocating for you.
Do not have any conversations with police officers without an attorney present. If you talk to the police and notice the conversation is going in a bad direction, stop right away.
Tell us everything we need to know about the charges. Tell us if texts, phone calls, or other correspondence were misconstrued, or if you had no knowledge of the crime. Also, tell our Layton, UT criminal defense lawyers if the principal offender forced or coerced you into being an accessory, giving you no other choice but to assist them.
Be candid with our lawyers, disclosing whether or not you knew you knew a crime was being committed.
Prosecutors might approach alleged accomplices or accessories with plea deals, hoping to get more information about the principal offender in the process. Don’t automatically accept a plea, and let our lawyers make sure it effectively lowers or erases your charges. We may have some leverage to negotiate much better terms, so let us review a plea before you agree.
What Conduct Makes Someone an Accessory to a Crime?
Principal offenders often have accomplices for violent or complicated crimes, and law enforcement might try to implicate other individuals in an offense, like drug trafficking, robbery, burglary, and vandalism.
Burglary
Burglary often requires accomplices and accessories. An accomplice may watch the house while the other offender enters, may drive the getaway car, or may help plan the home invasion and theft.
Drug Trafficking
Drug trafficking operations are typically large. Providing resources to drug trafficking operations, helping with logistics, or harboring a family member or loved one who commits drug offenses makes an individual an accessory.
Murder
Accomplices and accessories are common in murder cases. Helping an offender dispose of a weapon, providing a false alibi to the police, or facilitating the crime in any way may lead to criminal charges for accessories.
Robbery
Helping to plan a robbery, providing weapons, or participating in a robbery might classify you as an accomplice, meaning you could be charged with the same crime as the principal offender. Examples of conduct that constitute being an accessory after the fact to a robbery include hiding the robber or any items they stole, or helping them in any way.
Vandalism
Individuals who provide spray paint to principal offenders or encourage them to vandalize property might face equitable charges, even if they did not actively vandalize the property themselves.
Call Our Lawyers for Help with Your Criminal Defense in Utah
For a free case review from our Ogden, UT criminal defense lawyers, call Overson & Bugden at (801) 758-2287.