Crime is a lot more common than you think. Nearly 700,000 violent crimes occurred in 2021 alone. That’s more than 1,900 every single day.
Many crimes are planned and executed by lone offenders. But thousands of crimes take place every year due to the actions of two or more people. If you have been charged with being an accessory, you need to do your homework so you launch a great defense.
What counts as being an accessory in criminal law? Can you be charged with other crimes like aiding and abetting? How can you defend yourself from these charges?
Answer these questions and you can free yourself of felony charges in no time. Here is your quick guide.
The Basics of Being an Accessory in Criminal Law
Nebraska Revised Statute 28-204 gives the criminal definition of being an accessory to a crime. A person is guilty of being an accessory when they help someone commit a crime.
They may give them a weapon or a way to flee the crime scene. They may let the criminal know when the police are coming, or they may use force against an eyewitness to keep the police from catching the criminal.
Accessory after the fact occurs when someone helps a criminal conceal their criminal offense. They may hide the criminal in their home or lie to the police about where they are. Giving incorrect information by accident does not count as being an accessory.
Destroying evidence also counts as being an accessory. This includes disposing of a weapon, deleting emails, and tampering with documents.
The defendant does not have to be at the crime scene to be convicted of being an accessory. They can act as an accessory at any time before or after the crime.
Accessory to a felony can be a felony offense when someone helps someone plan a murder, sexual assault, or robbery. The more severe the crime is, the higher the criminal penalties. Accessory to murder carries Class IIA felony weight, which can lead to a 20-year prison sentence.
Accessory after the fact carries Class IV felony weight. This can lead to a prison sentence of up to two years.
Other Offenses
Many people confuse being an accessory with aiding and abetting. Someone commits aiding and abetting when they help another person commit a crime. A prosecutor may charge them as though they were the main offender in the case.
However, aiding and abetting does not count as a separate crime in Nebraska. It offers the prosecutor a way to charge multiple people for a single offense. If two people committed a murder, both can be charged with murder, and a prosecutor may say one defendant aided and abetted the other during arguments in court.
Aiding consummation of a felony occurs when someone helps a criminal profit from a felony. If a robber steals money from a bank, a person may launder the money for them or hold it in a bank account. This would count as aiding consummation.
Conspiracy takes place when someone agrees with another person to engage in a felony. The defendant and/or other people may take steps to prepare for the felony, like buying a weapon. But the crime may not take place.
You can be charged with aiding consummation of a felony, conspiracy, and accessory to a crime simultaneously. Aiding consummation is a Class IV felony while a conspiracy charge carries the weight of the most serious offense that the conspirators plan. Conspiracy to commit a Class I felony is a Class II felony, but you can still go to jail for decades.
Defenses
In order to convict you of being an accessory, a prosecutor must prove a few things. They must show that you had the intent to interfere with the discovery of a crime or the prosecution of someone. They must show that you knew who the criminal was.
Intention can be hard to prove at trial. A prosecutor may need text messages, emails, or recordings of conversations. If these documents don’t exist, you can prove that you had no intention to cover up the crime.
An alibi provides an alternate explanation for your presence. If the prosecutor argues you met with someone to discuss the crime, you can show that you were actually somewhere else when the alleged conversation occurred.
You can also point to mitigating circumstances. Someone may have threatened you into being an accessory. You may have tried to stop what happened once you realized what was really going on.
Pointing out that you played a minor role in the offense can reduce your sentence or charge. But it is not a defense to say that you were helping a family member or loved one.
You can represent yourself at trial, but it is a lot easier to launch a defense with help from a criminal defense lawyer. They can use their knowledge of criminal law to develop a strong case for you. They can investigate what happened, talk to witnesses, and introduce evidence that contradicts the prosecutor’s claims.
How to Avoid Convictions for Being an Accessory
Being an accessory in criminal law means planning or covering up a crime. Giving someone a weapon, acting as a lookout, and hiding a criminal all count. You can face decades in prison if you are convicted, especially if you are charged with additional offenses like conspiracy.
However, you can exonerate yourself by proving an alibi and calling the state’s evidence into question. You may also get your sentence reduced if you can prove coercion.
The key to defending yourself against accessory charges is hiring a smart lawyer. Husker Law serves residents of the State of Nebraska and Iowa. Contact us today online or call (402) 415-2525.
