FREE Case Review (866) 588-0600

Accessory Before the Fact (Example, Penalties, Definition & More)

An accessory before-the-fact is an individual who aids, abets, or encourages another person to commit a crime but who is not actually present at the scene. Like an accomplice, an accessory before-the-fact may be held criminally liable to the same extent as the principal.
Awards & recognition
C.L. Mike Schmidt Published by C.L. Mike Schmidt
Free Confidential Lawsuit Review
If you or a loved one was injured, you should contact our lawyers immediately. You may be entitled to compensation by filing a lawsuit and we can help. Please click the button below for a Free Case Evaluation or call us toll-free 24 hrs/day by dialing (866) 588-0600.

Start My Free Case Review

What is an example of an Accessory Before the Fact?

Examples of being an accessory before the fact include:

  • Providing a person with the tools necessary to burglarize another person’s home or a business
  • Giving someone the keys to a car to use in a robbery
  • Serving as a lookout

What's the Difference Between Accessory Before the Fact and Accessory After the Fact?

An accessory before the fact is defined as someone who “counsels, hires or otherwise procures a felony to be committed,” whereas an accessory after the fact is someone who “harbors, conceals, maintains, or assists the principal felon” after the commission of a crime. As the names of the crimes suggest, one is charged for helping before the crime and another is for helping after the crime has already taken place.

Related Article: What Is an Accessory After the Fact? |

What is Complicity?

Complicity is the participation in a criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators of that crime, and who shared with them an intent to commit the crime. The doctrine of criminal complicity governs the joint implication of each of 2 or more persons in a crime.

What's the Difference Between an Accessory and an Accomplice?

One of the key differences between an accomplice and an accessory before or after the fact is that an accomplice is typically present at the scene of a crime whereas an accessory is not. This means that an accessory is usually subject to lesser charges compared to an accomplice.

What are the Penalties for Being an Accessory Before the Fact?

In most states, a conviction for being an accessory before the fact will cause you to face the same penalties as the person who directly carried out the crime. For example, consider a state where robbery is punished with a maximum prison sentence of 15 years. If you help a person commit a robbery, you will also face 15 years in prison.

Read Also:

Get a Free Lawsuit Evaluation With Our Lawyers

The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was injured, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

Free Confidential Case Evaluation

Verified 100% Secure SiteTo contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 588-0600.