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 West Virginia, an accessory after the fact is defined under state law as someone who provides assistance to a person who has committed a crime, knowing that the crime has been committed, and with the intent 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. The role of an accessory after the fact typically involves actions such as hiding the offender, helping them escape, or providing other forms of aid to prevent their capture or prosecution. Under West Virginia law, being an accessory after the fact is a separate offense and can be charged independently of the principal crime. It may also be considered an act of obstruction of justice, which is a serious offense that can lead to criminal penalties for those found guilty of this conduct.