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 Colorado, an accessory after the fact is defined under Colorado Revised Statutes Section 18-8-105. The statute outlines that a person becomes an accessory to a crime if they render assistance to someone who has committed a felony, knowing that the person has committed the felony, with the intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of the principal. The assistance can include harboring or concealing the felon, warning the felon of impending discovery or apprehension, providing the felon with money, transportation, weapon, disguise, or other means of avoiding discovery or apprehension, or by any other means. Being an accessory after the fact is a separate offense from the underlying felony and is typically charged as a class 4 felony if the principal crime was a class 1 or class 2 felony, or a class 5 felony for all other felonies. It is important to note that the penalties and classifications may vary depending on the circumstances of the case and the underlying felony involved. An attorney can provide specific legal advice and representation for individuals facing such charges.