Being accused of helping someone commit a crime or assisting them after the fact can lead to serious criminal charges in Ohio. If you’re facing charges for being an accessory to a crime, it’s crucial to understand what this means and how to defend yourself.
At Luftman, Heck & Associates, our Cincinnati criminal defense lawyers are here to help you navigate complex charges, with the goal of reducing, dismissing, or proving your innocence.
Here’s what to know if you’re accused of being an accessory to a crime.
What Is an Accessory?
An accessory to a crime is someone accused of intentionally, knowingly, and voluntarily participating in a crime. Importantly, you don’t have to be present when the crime takes place to be charged as an accessory. Even if you were involved in planning the crime or assisting afterward, you could still face serious criminal penalties.
Accessory vs. Accomplice: What’s the Difference?
It’s important to distinguish between being an accessory or aiding and abetting a crime and being an accomplice. An accessory might help plan a crime or assist someone after the crime is committed, but they do not directly participate in the crime itself.
An accomplice, on the other hand, is actively involved in committing the crime and is usually present during its execution. Under Ohio criminal law, an accomplice faces the same legal penalties as the person who directly committed the crime. This means the consequences for an accomplice can be much more severe than for an accessory.
Types of Criminal Accessories
Accessory Before the Fact
An accessory before the fact involves helping or encouraging someone to commit a crime before it happens. For example, providing a key to a house for a planned burglary could lead to being charged as an accessory before the fact.
Accessory After the Fact
An accessory after the fact is someone who helps a person evade law enforcement after a crime has been committed.
This could include actions like providing shelter, offering first aid, or helping to clean up a crime scene. For example, if you help someone hide evidence or escape after learning they’ve committed a crime, you could be charged as an accessory after the fact.
How to Prove Accessory Charges
To secure a conviction for being an accessory to a crime in Ohio, prosecutors must prove specific legal elements beyond a reasonable doubt. These elements include:
- Knowledge of the Crime: The defendant knew that a crime was going to be, or had been, committed.
- Intentional Assistance: The defendant intentionally assisted in the commission of the crime or in helping the perpetrator avoid detection or arrest.
Prosecutors may use various types of evidence, such as communication records, witness statements, recorded conversations, forensic evidence, or expert testimony, to prove these elements. However, if they cannot demonstrate that you knowingly and intentionally assisted in the crime, they may not be able to secure a conviction.
How to Defend Against Accessory Charges
Facing charges as an accessory to a crime can be intimidating, but several defenses can be employed to challenge these accusations:
- No Crime Was Committed: If there was no crime, there can be no accessory.
- Lack of Knowledge or Intent: Proving you had no knowledge of the crime or did not intentionally assist in any illegal activity can be a strong defense.
- Mistake of Fact: If you genuinely did not know you were helping someone commit a crime, this might be used in your defense.
- Constitutional Violations: If your rights were violated during your arrest or investigation, this could lead to dismissal of the charges.
- Duress: If you were forced to assist in a crime under threat of harm, this defense could be applicable.
Your attorney will evaluate your case’s specifics to determine the most effective defense strategy, aiming to introduce reasonable doubt in the minds of the judge and jury.
What to Do If You’re Charged as a Criminal Accessory
If you find yourself facing accessory charges in Hamilton or anywhere in Ohio, it’s critical to take immediate steps to protect your rights:
- Exercise Your Right to Remain Silent: Don’t speak to law enforcement without your attorney present. Anything you say can be used against you.
- Avoid Discussing the Case: Don’t talk about the charges with friends or family, as their testimony could be used in court.
- Consult an Attorney: Before your initial hearing, go over your plea and bail options with your lawyer to understand your best course of action.
Contact a Cincinnati Criminal Defense Attorney at LHA Today
Being accused of being an accessory to a crime can significantly impact your life. If you’re facing charges and don’t know where to turn, contact an experienced Cincinnati criminal defense lawyer at Luftman, Heck & Associates.
We offer no-cost, risk-free consultations to individuals facing criminal charges throughout Cincinnati and nearby areas. Call our office today at (513) 654-1146 or submit your info to learn more about your legal options and how we can help.
