May 29, 2025 | Criminal Law
Helping someone commit a crime or assisting them in getting away with it is a serious offense in Indiana. You don’t have to plan the crime or be present when it occurs to be charged as an accessory. Simply providing assistance after a crime can lead to criminal charges.
In Indianapolis, accessory charges carry severe penalties. You could be charged with a misdemeanor or felony accessory after the fact offense, depending on your actions.
What Is an Accessory After the Fact?
An accessory after the fact is a person who knowingly helps someone avoid arrest or punishment after a crime has been committed. This can include providing shelter, money, or transportation to the perpetrator.
Accessory after the fact is not limited to specific charges; it can apply in many cases, ranging from theft to homicide.
Examples of being an accessory after the fact include assisting someone in evidence disposal, lying to law enforcement about the suspect’s whereabouts, or helping the perpetrator flee the area.
What Is an Accessory Before the Fact?
An accessory before the fact is someone who knowingly aids, encourages, or assists another person in committing a crime, even if they are not present when the crime occurs.
For example, giving someone a weapon to use in a robbery or providing transportation to the crime scene can make you an accessory before the fact. Additionally, providing advice, instructions, or financial support to the perpetrator before the crime can result in accessory charges.
Proving That Someone Was an Accessory After the Fact
To convict someone of being an accessory after a crime, prosecutors must typically prove that the defendant:
- Knew that a crime was going to be or had been committed, and
- Took action to conceal the crime afterward
Evidence may include witness statements, surveillance footage, text messages, phone records, or other communications that show knowledge or intent to assist in the crime.
Are There Defenses to Accessory Charges?
There are several possible defenses to being charged as an accessory to a crime in Indianapolis, including:
- Lack of knowledge: You did not know a crime was being committed or had been committed.
- Lack of intent: Your actions were unintentional, and you did not knowingly assist in the commission of the crime.
- Lack of evidence: The prosecution must prove its case beyond a reasonable doubt—the highest burden of proof in the law—or you cannot be convicted of being an accessory.
- Duress or coercion: You were forced or threatened to help the perpetrator.
- No crime committed: If the underlying crime did not occur, you cannot be an accessory to it.
If you are facing charges as an accessory to a crime, it is crucial to remain silent and avoid making statements to the police. Anything you say could be used against you. Inform law enforcement that you wish to speak to a criminal defense attorney.
Do not contact the person accused of committing the crime or discuss the case with anyone other than your attorney. Taking swift action to secure legal representation can make a significant difference in the outcome of your case. It can also ensure you build the best defense possible to your charges.
Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
If you are facing accessory charges in Indianapolis, you should contact experienced criminal defense lawyers in Indianapolis. Your lawyer will help you gather evidence, develop a defense strategy, and navigate the legal process.
Many criminal defense lawyers offer free consultations to help you understand your rights and legal options. Legal representation can help protect your rights and secure the best possible outcome in your case.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000,
Indianapolis, In 46204
(317) 759-2599
