An accessory after the fact is a person who (1) assists someone who has committed a crime, (2) after the commission of the crime, (3) with knowledge that the person committed the crime, and (4) with the intent to help the person who committed the crime avoid arrest or punishment. The United States Code defines an accessory after the fact has someone who knows a crime has been committed and receives the offender (harbors them), or relieves, comforts, or assists the offender in order to hinder or prevent the offender’s apprehension, trial, or punishment.
An accessory after the fact is different that an accomplice to a crime, who helps with the commission of the crime. An accessory after the fact is treated as a criminal offense separate from the criminal offense of the offender being assisted, and may be prosecuted as the criminal offense of obstruction of justice.
In Texas, an accessory after the fact is someone who assists a criminal after a crime has been committed, knowing that the person committed the crime, and with the intent to help them evade arrest or punishment. This is distinct from an accomplice, who is involved in the commission of the crime itself. Texas law, consistent with federal law, treats being an accessory after the fact as a separate offense, which can be prosecuted under the state's obstruction of justice statutes. The level of the charge can vary depending on the underlying crime, but it generally involves penalties that include fines, imprisonment, or both. It's important for individuals accused of being an accessory after the fact to consult with an attorney to understand the specific charges and potential defenses available to them under Texas law.
