Accessory After the Fact Charges in Virginia
Experienced Attorneys Ready to Fight for You
A person can be charged as an accessory after the fact in Virginia if they had knowledge of another person’s commission of a felony and provided that person with aid or comfort, often in the form of hiding evidence or helping the person to hide, flee, or evade law enforcement. However, if the person who committed the felony is an immediate family member, one cannot be charged with being an accessory after the fact for providing this type of aid.
The charge of accessory after the fact is relatively unusual in Virginia. It is more common for law enforcement to use the threat of charging a person with being an accessory after the fact, to pressure the person to become a witness for the prosecution. The police are allowed to lie to witnesses in order to try to produce a confession or other testimony, so this tactic is sanctioned by Virginia courts.
Punishment
For certain homicides, a conviction for being an accessory after the fact is a class 6 felony, with a possible sentence of one to five years imprisonment and/or a fine of up to $2,500. For any other felony, being an accessory after the fact can only result in a conviction of a class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500.
Proving the offense
In order to prove that a person is guilty of being an accessory after the fact, the Commonwealth’s Attorney must prove three things:
- That a felony was completed;
- That the supposed “accessory” knew that the person was guilty of a felony; and
- That the felon received comfort, aid, help, or assistance from the person accused of being an accessory.
These elements are laid out in the 1875 Virginia Supreme Court case Wren v. Commonwealth, 67 Va. (26 Gratt.) 952 (1875).
Defending against charges of accessory after the fact
Typically, the best element to attack in order to secure an acquittal in a case of accessory after the fact is the second element: knowledge that a felony has been committed. In a 2017 case, the Virginia Court of Appeals reversed a woman’s conviction of accessory after the fact because the Commonwealth failed to establish that she knew a person had been killed at the time she assisted the shooter. Suter v. Commonwealth, 67 Va. App. 311 (2017).