In Las Vegas, What is an Accessory After the Fact?
Assisting someone who has committed a criminal act in specific ways, may result in being charged with the criminal offense of being an Accessory after the Fact. Nevada Law (NRS 195) defines two parties to crimes, Principal and Accessory. A principal is a person who directly commits the criminal act, or who aids and abets in the commission of a criminal act whether present or not at the time the act took place. An accessory is someone who is asked for assistance after the commission of the criminal act and does so. Specific conditions must exist in such cases, as outlined below.
Accessory Defined (NRS 195.030)
An accessory is someone who was not involved or had knowledge of the crime before it was committed but becomes involved after the commission of the criminal act and knows that the criminal act took place.
An accessory to a Felony is defined as someone other than a spouse or domestic partner, who after the commission of a felony,
- destroys or conceals or aids in so doing, material evidence of the felony or,
- harbors or conceals the offender with intent to avoid or escape arrest, trial, conviction or punishment for the Felony,
- knowing that the offender has committed the criminal act.
An accessory to a Gross Misdemeanor is someone other than spouse or domestic partner, parent or grandparent, sibling, child or grandchild, who:
- harbors or conceals the offender with intent to avoid or escape arrest, trial, conviction or punishment for the Gross Misdemeanor,
- knowing that the offender has committed the criminal act.
Accessories can be arrested and charged and if convicted may be sentenced to do time in jail or prison. Being convicted of being an Accessory in a Felony is considered a Category C felony, unless you are a sibling, parent or grandparent, child or grandchild or the alleged principal. In such cases, conviction is considered a Gross Misdemeanor.
Conviction for Accessory to a Gross Misdemeanor is punished as a Misdemeanor.
Punishments if convicted of being an Accessory (NRS 195.040)
An accessory in a felony conviction, is considered a Category C Felony, with punishments of between 1-5 years in state prison, and/or up to $10,000 in fines.
An accessory in a Gross Misdemeanor conviction, is considered a Misdemeanor with 30 days to 6 months in a county jail, and/or $100 to $500 in fines.
The Defenders represents those charged as Accessories to crimes
Several defenses to the charge of being an accessory to a criminal act are available, such as:
- Having no knowledge of the crime
- Being threatened for not providing assistance
- Taking no action to assist the criminal
The lawyers of the Defenders have the knowledge and skills to provide an aggressive defense against such charges. If you’ve been charged as an Accessory to a crime, call us today at (702) 333-3333.
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