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 Alabama, an accessory after the fact is someone who assists another person who has committed a crime, does so knowing that the crime has been committed, and acts with the intention to help the offender evade arrest or punishment. This is distinct from being an accomplice, who is someone involved in the commission of the crime itself. Under Alabama law, specifically Section 13A-10-3 of the Alabama Code, being an accessory after the fact is a criminal offense. The law states that a person is guilty of hindering prosecution if they render criminal assistance to a person who has committed a felony, with the intent to prevent the apprehended person's punishment or apprehension. The penalties for being an accessory after the fact can vary depending on the severity of the original crime committed and other circumstances. This offense is often prosecuted under the broader category of obstruction of justice, which can include various acts intended to interfere with the enforcement of the law.