Accessory After the Fact: Va. Code 18.2-19

Home » Practice Areas » Criminal Defense » Accessory After the Fact: Va. Code 18.2-19

What is an “Accessory After the Fact” in Virginia?

In Virginia, it is a crime to be an Accessory After the Fact to someone who commits a crime. You may receive this charge if you help a friend, someone you know, or a stranger evade or elude police when they have committed a felony under Virginia Code 18.2-19:

Every accessory after the fact is guilty of (i) a Class 6 felony in the case of a homicide offense that is punishable by death or as a Class 2 felony or (ii) a Class 1 misdemeanor in the case of any other felony. However, no person in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, or servant to the offender, who, after the commission of a felony, shall aid or assist a principal felon or accessory before the fact to avoid or escape from prosecution or punishment, shall be deemed an accessory after the fact.

Va. Code 18.2-19

What Exceptions Apply to Accessory After the Fact in Virginia?

Virginia law makes certain exceptions to this law. The law exempts certain family members from being charged as accessories after the fact. This exception does not apply to other forms of conspiracy or being an accessory.

The Commonwealth carries the burden to prove that a defendant knew the third party had committed a felony, and that the defendant had the intent to help the third party evade capture or prosecution.

Consult With A Criminal Defense Attorney

If you received this charge Virginia, contact our dedicated Criminal Defense attorneys to talk about your options and how we can help you.