What are the Penalties for Aiding and Abetting in Florida?

July 5, 2022 Don Pumphrey, Jr. Criminal Defense Social Share

When a criminal offense has been committed, the first person to get in trouble with authorities is the suspected person who acted out the crime. However, what happens to the others involved? Even if you are not the person who has committed the crime yourself, you can still get in trouble with the law for helping out the accused person.

Florida has various terms for principals in a crime, often referred to as “accomplices.” One of the terms is aiding and abetting, or being an accessory after the fact. If you have been accused of aiding and abetting a criminal defendant, there are severe punishments you can face. It is important to have a full understanding of the criminal charge, as well as its possible penalties if convicted.

Accessory After the Fact Statute

Florida Statute Section 777.03 defines the principal of accessory after the fact, also referred to as “aiding and abetting.” Florida law explains that it is against the law to help another person who has committed a crime. The only way this criminal charge can be applied is if the underlying criminal offense has already been completed, hence the wording “after the fact.”

For an individual to get charged with accessory after the fact, they don’t have to necessarily have to be a witness to the supposed crime. As long as the accused accessory was aware of or was provided the sufficient information to be under the impression that the offense was committed, then they can be charged with accessory after the fact.

Variation of Penalties

The consequences of getting charged with aiding and abetting are dependent on the severity of the crime that was committed. The following is a list of potential penalties for an individual charged with accessory after the fact:

• Third-degree felony: If an individual is accused of aiding and abetting a person accused of a crime considered a third-degree felony that is assigned a Level 1 or 2 offense, he or she can be charged with a first-degree misdemeanor. The penalty for a first-degree misdemeanor is up to a $1,000 fine, and up to one year in jail.
• Second-degree felony: If an individual is accused of aiding and abetting a person accused of a crime considered a second-degree felony (or a third-degree felony ranked as a level 3 offense or higher), he or she can be charged with a third-degree felony. The penalty for a third-degree felony is up to a $10,000 fine and up to five years in prison.
• First-degree felony: If an individual is accused of aiding and abetting a person accused of a crime considered a first-degree felony, he or she can be charged with a second-degree felony. The penalty for a second-degree felony is up to a $10,000 fine and up to fifteen years in prison.
• Capital Felony: If an individual is accused of aiding and abetting a person accused of a crime considered a capital felony, he or she can be charged with a first-degree felony. Unless there is a mandatory minimum sentence required under the Florida Criminal Punishment Code, the penalty for a first-degree felony is up to a $10,000 fine and up to thirty years in prison.

Exceptions to Aiding and Abetting

The Florida Statute for accessory after the fact has an exemption to the rule, referred to as the Related Person Exemption. If the individual is related to the suspect as a spouse, parent, grandparent, grandchild, child, or sibling by blood or marriage, they cannot be charged with aiding and abetting. However, an aunt, uncle, or cousin can still be charged. Also, if the original crime involved any type of child abuse or neglect, then the “related person exemption” does not apply.

The Prosecution’s Proof

Under the Florida Jury Instructions, the prosecution must be able to prove the following to get a conviction of aiding and abetting:

1. The crime has been committed by the accused defendant;
2. That you aided and abetting the defendant in committing the crime, or attempted to do so after the crime was committed;
3. That you were aware that the defendant was going to commit the crime, or had already committed the crime;
4. That you intended to help the defendant with your actions, to either avoid arrest, detection, or a criminal conviction.

The best way to strategize a strong defense to an accessory after the fact charge is  to work with a skilled defense attorney.

Finding a Defense Attorney in Tallahassee, Florida

If you or a loved one have been accused of aiding and abetting a crime, make it your top priority to reach out to an experienced criminal defense attorney in your area. There are harsh consequences for being accused of acting as an accessory after the fact, especially if the crime in question was a felony charge. Working with an attorney can help guide you through the legal process and work towards ensuring your freedom. Don Pumphrey and his team at Pumphrey Law Firm have experience representing clients all across Florida, and will stand in your corner to fight for your freedom. For a free consultation, call (850) 681-7777 or leave an online message today.

Written by Karissa Key

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