If you are charged as an accessory to a crime in Virginia, it means you were involved in some way, either before or after the crime, without directly committing the offense or being present at the scene. Here are instances when this can happen.
You can either be an accessory before or after the fact. An accessory before the fact helps in preparing or facilitating the crime. It could be by providing tools, information and resources needed for the offense or encouraging the principal offender to commit the crime.
On the other hand, an accessory after the fact gets involved after the crime has been committed by helping the offender evade arrest by offering a hideout, getting rid of evidence or misleading law enforcement
The potential consequences
The legal penalties for being an accessory to a crime can vary significantly and are often influenced by the nature of the underlying offense and other particular aspects of each case. However, the more serious the crime you are tied to, the harsher the potential consequences.
Under Virginia law, an accessory before the fact may face similar charges to the principal offender. In other words, you could be charged as if you directly committed the crime. You may face lesser charges than the principal offender if you are an accessory after the fact, but it does not mean you’ll get away with a slap on the wrist.
Common defenses to accessory charges
When going against accessory charges, you may argue lack of knowledge of the crime, withdrawal from participation, duress or insufficient evidence of aiding or encouraging the crime. Seeking legal guidance when facing such serious charges can help devise the best approach to your case that will increase the chances of a positive outcome.
