Category: Criminal Offenses · Statute: F.S. 777.03 · Source: Florida Legislature
Accessory Before vs. After the Fact
- Accessory before the fact — Helped plan or encouraged the crime but was not present (charged as a principal in FL)
- Accessory after the fact — Helped the offender avoid capture after the crime
Penalties
Accessory after the fact is a 3rd degree felony: up to 5 years in prison, $5,000 fine. Bail typically ranges from $5,000–$25,000.
Practical Application in Florida Courts
In Florida courts, prosecutors heavily scrutinize this charge. If a defendant is found guilty, it can severely restrict future employment opportunities and housing applications. Because this involves a permanent public record, defense attorneys often try to negotiate this down to a lesser offense before trial.
Case Law & Legal Precedent
According to established precedent under Florida Statute Title XLVI, the burden of proof rests entirely on the prosecution. If the defense can successfully introduce reasonable doubt regarding the defendant's state of mind or intent, the jury must return a verdict of not guilty.
When applying Accessory in a real-world scenario, defense strategies often pivot on procedural technicalities. A thorough review of the arrest affidavit is the first step in determining if the state's application of the law is valid.
How Accessory Affects Bail & Pretrial Release
Under the standard bail schedule used by most Florida counties, the bond amount for this type of situation is pre-determined. However, an attorney can file a Motion to Reduce Bond, arguing that the defendant has strong community ties, a stable job, and is not a flight risk.
If you have questions about how Accessory specifically applies to a pending case, or if you need to secure a release from a county jail in Florida, contact a licensed bail bond professional immediately.