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 Mississippi, an accessory after the fact is defined under Mississippi Code Section 97-1-5. This statute outlines that a person becomes an accessory after the fact if they knowingly assist someone who has committed a felony, with the intent to enable the offender to avoid arrest, trial, or conviction. The assistance can include actions such as hiding the offender, helping them escape, or providing them with aid to prevent their capture. The crime of being an accessory after the fact is distinct from the principal offense and is also separate from being an accomplice, which involves aiding in the commission of the crime itself. The penalties for being an accessory after the fact in Mississippi are generally less severe than for the principal crime, but it still constitutes a serious offense. It's important to note that the specific circumstances of the case can affect the charges and penalties, and an attorney can provide more detailed information based on the facts of a particular situation.