When you’re dealing with legal issues, understanding the specifics of your situation can make a world of difference. If you’re facing accessory after the fact charges in Nevada, you’re in the right place. At Spartacus Law Firm, we specialize in providing the skilled legal representation you need to protect your rights and future. If you’re facing accessory after the fact charges, contact our award-winning criminal defense lawyers now to schedule your consultation.
What is an Accessory After the Fact?
In Nevada, an accessory after the fact is someone who assists another person knowing that person has committed a felony. The assistance could be in the form of hiding the felon, aiding in their escape, or helping them avoid arrest or prosecution. This doesn’t mean you were present at the scene of the crime or took part in committing the felony, but your actions afterward can still result in serious criminal charges.
Legal Definition – NRS 195.030
Under Nevada law, an accessory after the fact is defined as any individual who harbors, conceals, or aids a felon after the commission of a felony, with the intent to help them avoid arrest, trial, conviction, or punishment. Nevada Revised Statutes (NRS) 195.030 states that an accessory after the fact can face separate charges, apart from the principal offender.
Every person not standing in the relation of husband or wife, brother or sister, parent or grandparent, child or grandchild, to the offender, who:
1. After the commission of a felony harbors, conceals or aids such offender with intent that the offender may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a felony or is liable to arrest, is an accessory to the felony.
2. After the commission of a gross misdemeanor harbors, conceals or aids such offender with intent that the offender may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a gross misdemeanor or is liable to arrest, is an accessory to the gross misdemeanor.
Examples of Being an Accessory After the Fact
Understanding what constitutes being an accessory after the fact is crucial. Here are some common scenarios:
- Hiding a Felon: Allowing the felon to stay at your home or providing them with a safe place to hide.
- Providing False Information: Giving false statements to law enforcement to mislead the investigation.
- Aiding Escape: Helping the felon leave the state or country to avoid capture.
- Destroying Evidence: Getting rid of evidence that could incriminate the felon.
Legal Consequences of Accessory After the Fact Charges in Nevada
Being charged as an accessory after the fact in Nevada carries severe penalties. The severity of the punishment often hinges on the nature of the original felony.
Penalties For Accessory After the Fact Charges
The penalties for acting as an accessory after the fact in Nevada vary based on whether the crime involved was a felony or a gross misdemeanor.
Being an accessory to a felony is typically prosecuted as a category C felony, which can result in:
- 1 to 5 years in Nevada State Prison
- Fines up to $10,000 (at the court’s discretion)
Conversely, being an accessory to a gross misdemeanor is usually prosecuted as a misdemeanor, with potential penalties including:
30 days to 6 months in county jail
Fines ranging from $100 to $500 (at the court’s discretion)
It’s important to note that immigrants convicted of being an accessory may face deportation depending on the specifics of their case.
Defending Against Accessory After the Fact Charges
Facing accessory after the fact charges is daunting, but there are defenses available. At Spartacus Law Firm, we tailor our defense strategies to the specifics of your case.
Lack of Knowledge
One of the most common defenses is proving that you had no knowledge of the felony. If you didn’t know the person committed a crime, you can’t be held liable for helping them.
No Intent to Aid
Another defense is demonstrating that you had no intention to help the felon avoid arrest or prosecution. This might involve highlighting innocent actions taken without any criminal intent.
Coercion or Duress
If you were forced or threatened into helping the felon, this could be a valid defense. Coercion or duress can mitigate the culpability of your actions.
Mistaken Identity
Proving that you weren’t the person who provided assistance can also serve as a strong defense. Alibis and eyewitness testimonies can support this claim.
Ineffective Assistance of Counsel
If you previously received inadequate legal representation, it might be possible to challenge the validity of your charges or conviction based on ineffective assistance of counsel.
Common Criminal Offenses Related to Accessory After the Fact Charges
Acting as an accessory may involve lying to the police. Consequently, a suspected accessory could face additional charges such as:
- Offering false evidence (NRS 199.210) – a misdemeanor punishable by up to 6 months in jail and/or a $1,000 fine.
- Resisting arrest (NRS 199.280) – a misdemeanor carrying up to 6 months in jail and/or a $1,000 fine.
- Obstructing a police officer (NRS 197.190) – a category D felony, which can result in a prison sentence of 1 to 4 years and possibly up to $5,000 in fines.
Accessory charges are most commonly associated with crimes such as:
- Kidnapping (200.310) – unlawfully taking and moving a person without their consent.
- Felony murder (NRS 200.030) – causing a homicide while committing a felony crime.
- Bank robbery (18 USC 2113) – stealing from a bank.
- Gang crimes (NRS 193.168) – committing a crime to further gang activities.
- Carjacking (NRS 205.228, 200.380 & 200.471) – forcibly taking a car from its driver or passenger.
The Importance of Early Intervention
It’s crucial to seek legal assistance as soon as possible if you’re facing accessory after the fact charges. Early intervention can make a significant difference in the outcome of your case.
Immediate Action
Taking immediate action allows us to gather evidence, interview witnesses, and build a strong defense from the start. Delays can result in lost evidence and weakened defense strategies.
Reducing Charges
Early involvement can sometimes lead to reduced charges or even the dismissal of your case. We will aggressively pursue all available avenues to achieve the best result for you.
Negotiating Plea Deals
In some instances, negotiating a plea deal might be in your best interest. Our experienced criminal defense attorneys will negotiate with prosecutors to get you the most favorable terms possible.
Frequently Asked Questions (FAQ)
What should I do if I’m accused of being an accessory after the fact?
Contact an experienced criminal defense attorney immediately to protect your rights and receive proper guidance. Do not speak to law enforcement without legal representation, as anything you say can be used against you in court.
How is accessory after the fact charges different from aiding and abetting?
The distinction between being an accessory and aiding and abetting lies in the timing. Assisting a criminal before the crime has concluded is considered aiding and abetting. This can include actions such as providing information, tools, or other forms of support to facilitate the commission of the crime. Conversely, providing help after the crime has ended, such as hiding evidence, offering a safe place to stay, or helping the criminal evade law enforcement, makes one an accessory.
It’s important to note that being an accessory is also different from being a conspirator. A conspiracy involves an agreement between two or more individuals to commit a crime, which requires a shared intent and plan to carry out the criminal act. In contrast, you can be an accessory without entering into any agreement with others, simply by providing assistance after the crime has taken place. Understanding these distinctions is crucial for legal proceedings and determining the appropriate charges and penalties for those involved.
Can an accessory after the fact be charged if the principal offender is not caught?
Yes, you can still face charges even if the principal offender hasn’t been apprehended or convicted. This can occur if there is sufficient evidence to suggest your involvement or complicity in the crime. The legal system can prosecute individuals based on their participation, regardless of the status of the main perpetrator.
Can accessory after the fact charges be expunged?
In some cases, it’s possible to have these charges expunged from your record, meaning they can be legally erased or sealed. This process can help you move forward without the burden of past mistakes affecting your future opportunities. Consult with an attorney to explore your options and navigate the legal procedures involved.
Is ignorance of the underlying crime a viable defense?
Yes, a lack of knowledge about the underlying felony can serve as a strong defense against accessory after the fact charges. This means that if an individual was unaware of the criminal activity that took place, they cannot be held legally responsible for aiding or assisting the perpetrator after the crime has been committed. Understanding the details of the legal context and having evidence to support this lack of knowledge is crucial when presenting such a defense in court.
How long do accessory after the fact charges stay on my record?
If convicted, these charges can remain on your criminal record indefinitely unless expunged. This can have long-term consequences, affecting your ability to secure employment, housing, and even loans. Expungement is a legal process that can remove these charges from your record, offering a chance for a fresh start and improved opportunities.
Do I need a specialized attorney?
Given the complexity of accessory after the fact charges, it’s highly recommended to work with an attorney specializing in criminal defense. These legal professionals possess the expertise to navigate the intricacies of the law, build a strong defense, and provide the necessary guidance to ensure the best possible outcome for your case.
Contact Our Las Vegas Criminal Defense Law Firm Now
Facing accessory after the fact charges in Nevada is a serious matter, but you don’t have to face it alone. At Spartacus Law Firm, we are committed to providing exceptional legal representation and guiding you through this challenging time.
Whether you’re dealing with allegations of harboring a felon or accusations of helping someone evade law enforcement, our experienced team is here to defend your rights and secure the best possible outcome for your case. Contact our skilled criminal defense lawyers in Las Vegas now to learn more about how we can help.
