Criminal defense
Accessory After the Fact and Compounding a Felony in Miami
You didn't commit the crime. But you gave someone a ride, a place to stay, money, or a story for the police, after you knew what they had done. Florida can charge that as accessory after the fact. A related, less common charge, compounding a felony, covers taking money or a reward in exchange for concealing a felony or not reporting or prosecuting it.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.
What the State Must Prove
Accessory after the fact (s. 777.03; Fla. Std. Jury Instr. (Crim.) 21.18, Elements):
- A felony was committed by another person.
- After the felony, you maintained, assisted, or aided or attempted to aid that person.
- At that time, you knew the person had committed the felony.
- You did it with the intent that the person avoid or escape detection, arrest, trial, or punishment.
- If the felony was a third-degree felony, the State must also prove you were not related to the person by blood or marriage as husband, wife, parent, grandparent, child, grandchild, brother, or sister.
Compounding a felony (s. 843.14; Instr. 21.17, Elements): you knew a felony had been committed; you took money, a gratuity, or a reward, or agreed to take one; and you did so on an agreement or understanding to conceal the felony, not prosecute it, not give evidence of it, or compound it.
Degrees and Penalties
Accessory after the fact (s. 777.03) depends on the felony the other person committed:
- Capital felony: first-degree felony (up to 30 years and a $10,000 fine).
- Life felony or first-degree felony: second-degree felony (up to 15 years).
- Second-degree felony, or a third-degree felony ranked level 3 through 10 on Florida's offense severity chart: third-degree felony (up to 5 years).
- Third-degree felony ranked level 1 or 2: first-degree misdemeanor (up to 1 year).
- For sentencing scoresheet purposes, accessory after the fact is generally ranked two levels below the underlying felony.
Compounding (s. 843.14): a third-degree felony when the concealed offense is punishable by death or by life in state prison; otherwise a first-degree misdemeanor.
The Family Rule, and Its Limits
The close-family exemption applies only when the underlying crime is a third-degree felony. For more serious felonies, family members can be charged. And for child abuse, neglect of a child, aggravated child abuse, aggravated manslaughter of a child, or murder of a child, the statute applies to anyone, family included, unless the court finds the person is a victim of domestic violence.
Common Situations
- Driving someone away from a scene after learning what happened.
- Letting a relative or friend stay at your home while police are looking for them.
- Telling police you don't know where someone is when you do.
- Holding or getting rid of property for someone.
Defense Themes
- Knowledge. You must have known the person committed the felony when you helped. Suspicion, rumor, or learning the truth later is not the same.
- Intent to help them escape justice. Helping someone for another reason, such as medical care or getting a child home safely, is not the same intent.
- Family relationship, where the underlying crime is a third-degree felony.
- Was there a felony at all? The State must prove the other person committed one.
- For compounding: was there an agreement or understanding tied to the money?
What to Do First
- Do not talk to detectives about what you knew or did without a lawyer, even as a witness.
- Do not hide, move, or destroy anything. See Tampering with Evidence.
- If police want to arrest you, call us to arrange it. See Turning Yourself In.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
Frequently Asked Questions
Can I be charged for helping my son or brother?
Only if the underlying crime is more serious than a third-degree felony, or is one of the listed child-abuse or child-death offenses. For third-degree felonies, close family members are exempt.
Is accessory after the fact as serious as the original crime?
No. It is graded below the underlying felony, from a first-degree misdemeanor up to a first-degree felony for a capital felony.
I didn't know what they did until later. Am I guilty?
The State must prove you knew at the time you helped.