Accessory After the Fact in Florida
Robert Malove Accessory after the fact in Florida is the crime of helping a person you know has committed a felony avoid detection, arrest, trial, or punishment, defined in Florida Statute 777.03. Florida law treats the helper as the actor in a separate obstruction-of-justice offense, not as a party to the original felony. The charge ranges from a first-degree misdemeanor to a first-degree felony, set by the felony the other person committed.
Below: the statute, the elements, what counts as aid, the related-person exemption, the penalties, the principal distinction, and the defenses The Law Offices of Robert David Malove raises in Fort Lauderdale.
What Does Florida Statute 777.03 Say?
Florida Statute 777.03 says that a person who maintains, assists, or gives any other aid to an offender, knowing the offender committed a felony, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact.
Three subsections set liability by the offender’s felony:
- Subsection (1)(a): third-degree felonies. Close relatives are exempt.
- Subsection (1)(b): child abuse, neglect of a child, aggravated child abuse, aggravated manslaughter of a child under 18, or murder of a child under 18. No relative is exempt unless the court finds the accused is a victim of domestic violence.
- Subsection (1)(c): capital, life, first-degree, and second-degree felonies. No relative is exempt.
A 2006 amendment (Chapter 2006-237, Laws of Florida) limited the family exemption to third-degree felonies.
What Must the State Prove for Accessory After the Fact?
The State must prove four elements beyond a reasonable doubt, plus a fifth (no exempt family relationship) when the offender’s crime was a third-degree felony. Florida Standard Jury Instruction 21.18 (formerly 3.5(c)) lists them.
Element 1: A felony was committed
A felony was committed by the person who received the help. A conviction of that person is not required.
Element 2: The accused knew about the felony
The accused knew, when giving help, that the other person had committed that specific felony. Suspicion is not knowledge (Bowen v. State, Fla. 2d DCA 2001).
Element 3: The accused gave aid after the crime
The accused maintained, assisted, or gave any other aid to the offender after the felony was complete.
Element 4: The aid was meant to help the offender escape
The accused intended the aid to help the offender avoid or escape detection, arrest, trial, or punishment.
Element 5: No exempt family relationship (third-degree felonies only)
The accused was not the offender’s spouse, parent, grandparent, child, grandchild, brother, or sister by blood or marriage.
What Counts as Aid Under Statute 777.03?
Aid under Statute 777.03 is any overt act that helps the offender avoid or escape detection, arrest, trial, or punishment. Acts Florida courts have treated as aid include:
- Hiding the offender in a home, garage, or vehicle
- Driving the offender away from the scene or out of the county
- Hiding, destroying, or disposing of a weapon, clothing, phone, or other evidence
- Telling police a false story, such as a fake alibi (State v. Taylor, Fla. 4th DCA 1973)
What does not count as aid?
Passive conduct is not aid under Statute 777.03. Living with a person known to have committed a felony is not accessory after the fact (Holland v. State, Fla. 2d DCA 1974). Refusing to cooperate or disavowing knowledge is not aid (Melahn v. State, Fla. 5th DCA 2003). Florida law imposes no general duty to report another person’s felony.
Who Is Protected by the Related-Person Exemption?
The related-person exemption protects the offender’s spouse, parent, grandparent, child, grandchild, brother, or sister, by blood or marriage, and only when the offender’s crime was a third-degree felony. Florida courts read the statute’s “consanguinity or affinity” as blood or marriage (State v. C.H., Fla. 4th DCA 1982).
Which relatives are not protected?
Aunts, uncles, cousins, nieces, nephews, boyfriends, girlfriends, fiancés, roommates, and an unmarried co-parent are not protected.
When does the exemption not apply at all?
The exemption does not apply when the offender’s crime was a capital, life, first-degree, or second-degree felony, or a child-abuse offense under subsection (1)(b).
What Are the Penalties for Accessory After the Fact in Florida?
Penalties for accessory after the fact in Florida range from a first-degree misdemeanor (up to 1 year in county jail and a $1,000 fine) to a first-degree felony (up to 30 years in prison and a $10,000 fine), set by the degree of the felony the offender committed. Statute 777.03(2) sets the degree; Statutes 775.082 and 775.083 set the maximum prison term and fine.
| Felony the offender committed | Accessory after the fact charge | Maximum prison or jail | Maximum fine |
|---|---|---|---|
| Capital felony | First-degree felony | 30 years | $10,000 |
| Life felony or first-degree felony | Second-degree felony | 15 years | $10,000 |
| Second-degree felony | Third-degree felony | 5 years | $5,000 |
| Third-degree felony ranked Level 3 to 10 | Third-degree felony | 5 years | $5,000 |
| Third-degree felony ranked Level 1 or 2 | First-degree misdemeanor | 1 year | $1,000 |
Probation up to the same maximum term is also available at every tier.
How does the Criminal Punishment Code rank the charge?
Statute 777.03(3) ranks accessory after the fact two levels below the offender’s felony on the offense severity ranking chart in Statute 921.0022. Accessory after the fact to burglary of a dwelling (Level 7) scores as Level 5, and accessory after the fact to a capital felony is listed in the chart at Level 8.
How Is Accessory After the Fact Different From Being a Principal?
An accessory after the fact helps only after the felony is complete, while a principal under Statute 777.011 helps plan or commit the felony and is punished as if they committed it. In Staten v. State (Fla. 1988), the Florida Supreme Court held the two roles are mutually exclusive: a person convicted as a principal cannot also be convicted as an accessory after the fact to the same crime.
Is accessory after the fact the same as tampering with evidence?
Accessory after the fact is a separate obstruction-of-justice offense from tampering with evidence (Statute 918.13) and false information to law enforcement (Statute 837.055). One act, such as discarding a weapon, can support more than one charge.
What Are the Defenses to Accessory After the Fact?
The defenses to accessory after the fact attack the knowledge, intent, and act elements, or invoke a statutory exemption. The five raised most often are:
- Lack of knowledge. The State cannot prove the accused knew a felony had been committed when the help was given.
- Lack of intent. The help served another purpose, such as getting a person medical care, not escape from arrest.
- No overt act. Silence, refusal to cooperate, or sharing a home with the offender is not aid.
- Related-person exemption. The accused is an exempt relative and the offender’s crime was a third-degree felony.
- Domestic violence victim. The court finds the accused was a victim of domestic violence, a defense written into Statute 777.03(1)(b).
Why Hire The Law Offices of Robert David Malove?
Robert David Malove is a Florida Bar Board Certified Criminal Trial Lawyer who has defended felony cases in Broward, Miami-Dade, and Palm Beach Counties since 1984, including years as an Assistant Public Defender in all three. The firm’s Fort Lauderdale office at 200 SE 9th Street is a short walk from the Broward County Courthouse.
Most accessory cases in Broward County begin with a recorded interview by Fort Lauderdale Police or the Broward Sheriff’s Office after a shooting, robbery, burglary, or domestic violence incident, so the first rule is to decline that interview and call a Fort Lauderdale criminal defense lawyer. The firm then reviews the recording, the knowledge evidence, the timing of the help, and the level of the underlying felony before deciding whether to move to dismiss, seek a misdemeanor reduction, or try the case.
Call (954) 861-0384 for a free consultation with a Fort Lauderdale accessory after the fact lawyer.
Accessory After the Fact in Florida: Frequently Asked Questions
Is accessory after the fact a felony in Florida?
Accessory after the fact is a felony in Florida except when the offender’s crime was a third-degree felony ranked at Level 1 or 2, which makes the charge a first-degree misdemeanor.
Can a wife or husband be charged as an accessory after the fact in Florida?
A spouse cannot be charged when the offender’s crime was a third-degree felony, and can be charged when it was a second-degree felony or higher, or a child-abuse offense under Statute 777.03(1)(b).