The legal system distinguishes between those who physically perform an illegal act and those who help them after the fact. At The Martin Law Firm, founded by Brent Martin, we represent individuals in Montrose and across the Western Slope who find themselves facing these serious allegations. Brent Martin is a seasoned trial attorney with over 20 years of experience fighting for clients in Colorado courts, and since 2001, he has represented thousands of clients in serious criminal cases. If you are experiencing the stress of a criminal charge, you can reach our office at (970) 730-4354 to discuss your situation.
Who can be held responsible for a crime under Colorado Law?
To establish that an accused is guilty of being an accessory under Colorado Law the following statutory elements must be proven:
- A crime was actually committed by another person.
- The person accused of being an accessory provided some form of assistance to the individual who committed the act.
- The accused acted with the specific intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of the main actor.
- The accused had actual knowledge that the person they helped had committed a crime, was convicted of one, was currently charged by an indictment or complaint, or was wanted by law enforcement.
- The underlying offense is classified as a felony, though specific rules apply to different felony classes.
The Rule of Mere Silence
Simply knowing that a crime happened and staying quiet about it is generally not enough for a conviction under this statute. Colorado law recognizes that mere silence as to one’s knowledge of a felony, without an active intent to aid the person who committed it, does not make someone an accessory. If you simply failed to inform the public authorities about what you saw or heard but took no steps to hide the person or the evidence, the prosecution will struggle to prove you are an accessory.
Accessory Law – The Principals
There is a major distinction between a principal and an accessory in our state. Principals are the individuals who actually carry out the criminal act or those who aid and abet in its commission. To aid and abet means that you helped facilitate or encourage the crime before or while it was happening. Under Colorado law, principals can all be charged with the same crime and face the same range of penalties, even if one person was the mastermind and the other was just a lookout. For example, if a friend tells you they need to borrow your car to go rob a liquor store and you hand them the keys, you are acting as a principal because you knew the plan and assisted in making it happen.
Accessory Law – The Actual Accessory
An accessory is different because their involvement starts after the crime is already over. You might hear this called being an accessory after the fact, which is its own separate criminal charge. This occurs when someone knows a felony took place and then does something to help the perpetrator escape capture or hide the evidence of the crime. For instance, if your friend arrives at your house in Montrose and tells you they just robbed a bank, and then you agree to hide the stolen money in your garage, you have moved from being an innocent bystander to a criminal accessory.
What’s the Difference?
The primary difference between these two categories lies in the severity of the charges and the potential for punishment. Because a principal is seen as a direct participant in the crime itself, they face the exact same penalties as the person who pulled the trigger or broke the window. In a bank robbery scenario, the person driving the getaway car is just as guilty of robbery as the person who walked up to the teller. An accessory, however, is charged with a different, often less severe crime than the underlying felony, though the consequences remain life-changing and can result in significant prison time depending on the level of the original offense.
The Defenses to the Crime of Accessory
When Brent Martin builds a defense for a client, he often focuses on the element of knowledge and intent. The prosecution is required to prove beyond a reasonable doubt that you knew a crime had been committed and that you acted specifically to help that person avoid the law. Many times, an individual might provide a ride or a place to sleep without having any idea that their friend was running from the police. If the evidence of your knowledge is weak, it creates a strong defense against these charges. Because the law is complex, the best way to grasp the charges against you is to look at the specific language of the statutes.
§ 18-8-105. Accessory to Crime
The law states that a person is an accessory to a crime if they render assistance with the intent to hinder or prevent the discovery, apprehension, or punishment of another person. Under the statute, to render assistance means to:
- Harbor or conceal the person who committed the crime.
- Harbor or conceal a witness to the crime or the victim.
- Warn the person that they are about to be discovered or arrested, unless the warning was intended to bring them into compliance with the law.
- Provide the person with money, a car, a weapon, a disguise, or any other tool to help them avoid being caught.
- Use force, threats, or deception to stop someone else from performing an act that would lead to the discovery or capture of the person.
- Destroy, hide, or change physical or testimonial evidence that could lead to the prosecution or conviction of the person.
The level of the felony charge for being an accessory depends on the seriousness of the original crime. If you help someone who committed a class 1 or class 2 felony, you could face a class 4 or class 5 felony charge. If the original crime was a lower-level felony, the accessory charge is usually a class 5 or class 6 felony. If the assisted person only committed a misdemeanor, being an accessory is typically handled as a class 1 petty offense.