A friend or family member gets into trouble with the law and asks you for help. You might let them stay with you, give them a ride, or try to keep the police from finding them. But helping someone after a crime can land you in legal trouble. You could be an accessory after the fact in Wyoming.
If you could face a charge depends on what you did, your intent, and the crime the other person allegedly committed. Your relationship to that person is also important. All this can make a difference in the potential penalties.
What Does Accessory After the Fact Mean in Wyoming?
Under Wyo. Stat. § 6-5-202(a), you may be guilty of being an accessory after the fact if you intentionally help someone avoid the consequences of a crime.
In these cases, the law focuses on two things. First, you must act with the “intent to hinder, delay or prevent the discovery, detection, apprehension, prosecution, detention, conviction or punishment of another person for a crime.” Second, you must actually assist.
That second part is very important. Knowing someone committed a crime does not make you an accessory. With that, the prosecution must establish the elements required by the statute, including your intent and your assistance.
This is different from aiding and abetting or conspiring to commit an act. Those offenses involve helping someone commit a crime before or during it. Accessory after the fact focuses on assistance provided after an alleged criminal act.
What Would Be Considered Helping Someone Avoid Arrest?
You don’t have to participate in the original crime to face questions about what happened. There are several ways someone can give assistance. These include:
- Providing a place to hide
- Giving someone a warning
- Providing transportation or money
- Lying or using deception
- Hiding or destroying evidence
These examples aren’t automatic proof of guilt. For example, giving a friend a ride is not criminal. The circumstances, what you knew, and why you acted can all matter.
The Person’s Crime Determines Your Penalty
In Wyoming, the penalty for being an accessory after the fact depends on the underlying crime, your relationship to the person, and whether that person is a minor. Under Wyo. Stat. § 6-5-202, the consequences are:
- Felony involving a nonrelative: A felony punishable by up to three years in prison, a $3,000 fine, or both.
- Felony involving a relative: A misdemeanor punishable by up to six months in jail, a $750 fine, or both.
- Misdemeanor involving a nonrelative: A misdemeanor punishable by up to six months in jail, a $750 fine, or both.
- The person who committed the crime is a minor: A misdemeanor punishable by up to six months in jail, a $750 fine, or both.
- Misdemeanor involving a relative: The statute does not establish a violation in this situation.
As you can see, helping a friend after a felony could expose you to a felony charge yourself, while helping a qualifying relative may carry a lesser penalty.
That’s why an attorney needs to know the underlying charge before assessing your potential exposure. If that charge hasn’t been filed yet or changes later, the potential consequences may change as well.
What Should You Do If Police Contact You?
If investigators want to talk to you about someone else’s case, you may believe that if you tell your side of the story, everything will clear up. But a conversation with police can have consequences, especially if investigators suspect you helped someone avoid arrest or prosecution.
If you’re under investigation but haven’t been charged, this may be the right time to get guidance. This is why contacting a Wyoming criminal defense lawyer is an important first step.
Frequently Asked Questions
Is it a crime to let a friend stay with me if they’re wanted by police?
This depends on whether you intend to hinder their discovery or apprehension and whether your actions qualify as rendering assistance under Wyoming law. Letting someone stay with you doesn’t automatically establish guilt.
Can I be charged if the person I helped is my relative?
If the underlying crime is a felony, helping a relative can result in a misdemeanor accessory charge. If the underlying crime is a misdemeanor and you qualify as a relative under the statute, the law provides that there is no violation under this accessory provision.
How serious is accessory after the fact in Wyoming?
The offense can be a felony carrying up to three years in prison and a $3,000 fine, a misdemeanor carrying up to six months in jail and a $750 fine.
Get Answers Before You Talk to Police Again
If you’re worried that helping a friend or family member could land you in legal trouble, it is time to find legal help. The underlying offense, your relationship to the person, and the assistance you provided can all affect your situation. At Just Criminal Law, we can review the situation and help you know your options.
Reach out to Just Criminal Law for a confidential consultation before answering more questions from investigators or making decisions that could affect your case.
