When it comes to participation in a crime, Florida law essentially says, “You’re either all-in or all-out.”
What that means is this: You do not have to personally commit a crime to face criminal charges. If you help someone else commit a crime – or help them evade punishment afterward – you’re considered an accessory to their offense. In many cases, the consequences of being an accessory can be just as serious as committing the crime yourself.
Helping before or during the crime
If you encourage or assist someone in committing a criminal offense, you can face the same charges they face – just as if you were the principal actor. This is true even if you are not physically present when the crime occurs.
Simply knowing that another person plans to commit a crime is generally not enough to make you an accessory, nor is your mere presence at the scene when the crime occurred. Evidence of intentional participation or assistance is usually required.
For example, imagine that your best friend is planning a bank robbery. You help them figure out the steps to take and procure a gun, or you give them information they need to time the robbery. That would likely make you an accessory before the fact. If you act as a lookout, you would be an accessory during the fact. In either case, you could face the same charges and potential sentence as your friend.
Helping after a felony-level crime has been committed
Florida law also generally prohibits knowingly helping someone who has committed a felony-level crime avoid arrest or punishment. Doing so makes you an accessory after the fact.
Imagine, again, that your best friend robbed a bank – but this time you only find out when they approach you after the robbery. Some actions that might qualify for charges include:
- Helping your friend hide from the police until the search dies down
- Providing transportation to help your friend get out of the area
- Allowing your friend to hide their stolen cash on your property
- Lying to the police to give your friend an alibi or to send the police in the wrong direction
The law does provide exceptions for certain close relatives under very specific circumstances. However, these exceptions do not protect a family member in every case, especially in cases involving child abuse, child neglect or the death of a child.
Anyone accused of helping another person commit a crime or evade justice should avoid giving any official statements about the situation to the police before obtaining legal guidance.