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 Virginia, an accessory after the fact is defined under state law as someone who knowingly gives assistance to a person who has committed a felony, with the intent to help that person evade arrest or punishment. This is distinct from being an accomplice, which involves participation in the commission of the crime itself. Virginia law (§ 18.2-19 of the Virginia Code) stipulates that being an accessory after the fact is a separate offense and is typically punished less severely than the principal felony. However, it is still a criminal act and can lead to charges such as obstruction of justice. The specific penalties for being an accessory after the fact can vary depending on the nature of the principal felony and other circumstances surrounding the case. It's important for individuals facing such charges to consult with an attorney to understand the potential legal consequences.