Category: Criminal Offenses · Statute: F.S. 777.03 · Source: Florida Legislature
Understanding Accessory After the Fact in Florida
In Florida, a person is charged as an accessory after the fact under Florida Statute Section 777.03 if they maintain, assist, or aid an individual who has committed a felony, with the specific intent to help that offender escape detection, arrest, trial, or punishment. To secure a conviction, the state must prove that the accused had actual knowledge that the principal offender had committed a felony. This offense is distinct from being a principal to the crime, as the accessory's involvement occurs entirely after the underlying felony has already been completed.
Florida law applies a unique familial exemption to this charge. Under Section 777.03, individuals who are related to the principal offender by blood or marriage—specifically spouses, parents, grandparents, children, grandchildren, or siblings—cannot be prosecuted as accessories after the fact in most circumstances. However, this family protection does not apply if the underlying felony committed by the relative was a capital felony, a life felony, a first-degree felony, or an offense involving child abuse or neglect.
Bail and Pretrial Release for Accessories
Because the severity of an accessory charge directly mirrors the severity of the underlying crime, bail amounts in Florida vary significantly based on the principal offense. Under the Florida Criminal Punishment Code, a third-degree felony accessory charge is a Level 1 offense, which may allow for a standard bond on a local county jail schedule. However, if the accused assisted a suspect in a capital or first-degree felony, they face a second-degree felony charge, which carries a higher severity ranking and often requires a formal first appearance hearing before a judge to set a customized, higher cash or surety bond.