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 Maryland, an accessory after the fact is someone who assists another person who has committed a crime, does so knowing that the crime has been committed, and acts with the intention to help the offender evade arrest or punishment. This assistance must occur after the crime has been committed. Maryland law, consistent with federal law, distinguishes between an accessory after the fact and an accomplice, with the latter being involved in the commission of the crime itself. Being an accessory after the fact is a separate criminal offense and can be prosecuted under the statutes related to obstruction of justice. The specific penalties and charges can vary based on the underlying crime and the nature of the assistance provided to the offender. It is important for individuals facing such charges to consult with an attorney to understand the specific implications under Maryland law.