Accessory or Accomplice?
Being an Accessory to a Crime in Colorado: Understanding the Legal Implications
Have you been charged with an accessory to a crime in Aurora, Thornton, Denver or elsewhere in Colorado? These charges can be particularly challenging because they almost always involve cases with friends and family, which makes sense, because people go to great lengths, even commit or conceal crimes, to help their family. Our attorneys have a wealth of experience handling these cases from beginning to end, reach out for a free consultation.
What does it mean to be an “accessory” to a crime?
In Colorado, an accessory is someone who knowingly aids a criminal in evading justice. It is codified in Colorado Revised Statute 18-8-105.
Specifically, “A person is an accessory to crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime, he renders assistance to such person.”
What does it mean to render assistance to a crime?
In Colorado and throughout the Denver metro area, “render assistance” means:
(a) Harbor or conceal the other; or
(a.5) Harbor or conceal the victim or a witness to the crime; or
(b) Warn such person of impending discovery or apprehension; except that this does not apply to a warning given in an effort to bring such person into compliance with the law; or
(c) Provide such person with money, transportation, weapon, disguise, or other thing to be used in avoiding discovery or apprehension; or
(d) By force, intimidation, or deception, obstruct anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person; or
(e) Conceal, destroy, or alter any physical or testimonial evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person.
It's important to note that mere knowledge of a crime without action doesn't constitute being an accessory. The law requires active assistance with the intent to help the offender avoid arrest, conviction, or imprisonment.
Interestingly, you can face accessory charges even if the primary offender is never caught or convicted.
What’s the difference between Accessory vs Accomplice liability?
While an accomplice aids in committing the actual crime, an accessory helps after the fact. For example, a getaway driver would be an accomplice, while someone hiding the criminals afterward would be an accessory. Accomplices typically face the same charges as the primary offender (this is called complicity liability), while accessories usually receive lesser charges.
What are common scenarios that lead to accessory charges?
· Letting someone hide out at your house, knowing they just committed a crime. This is usually coupled with deception to law enforcement that are looking for the suspect.
· Getting rid of a weapon used in a crime.
What are the penalties for being an accessory after the fact?
The severity of accessory penalties in Colorado depends on the underlying crime; generally, the more severe the underlying crime, the higher the level of punishment for being a knowing accessory to that crime.
- Misdemeanor: Petty offense (up to 10 days in jail and/or $300 fine)
- Class 6 felony: Class 6 felony (1-18 months in prison and/or $1,000-$100,000 fine)
- Class 5, 4, or 3 felony: Class 5 felony (1-3 years in prison and/or $1,000-$100,000 fine)
- Class 2 or 1 felony: Varies based on the status of the primary offender
How do you beat an accessory charge in court?
Common defenses against accessory charges include:
· No proof that the underlying crime took place. Often accessory trials are complicated, as they require the prosecution to essentially try the underlying crime first, before they can prove that someone later was an accessory to that crime.
· No proof of assistance to the offender.
· Ignorance of the person's criminal status. If there is compelling evidence that you would have acted in this way without knowledge that a crime took place, you would lack the mental state required to be guilty of the crime, For instance, if you normally picked up your friend at the same time/place every week (and nothing else was unusual about the particular pickup), it would be hard for prosecutors to argue that you knew you were covering up a crime.
· No intent to hinder law enforcement.
· If evidence was obtained illegally, it may be possible to have it suppressed, potentially leading to case dismissal.
Are there immigration consequences to being convicted of accessory after the fact?
Non-citizens should be aware that accessory charges may be considered crimes involving moral turpitude, which can lead to deportation. Legal counsel is crucial in these cases to explore options for charge reduction or dismissal.
Understanding the nuances of accessory laws in Colorado is crucial for anyone facing such charges. If you find yourself in this situation, seeking experienced legal counsel is essential to navigate the complexities of the law and protect your rights.