What is an “accessory after the fact” in Colorado?

When someone says, “accessory after the fact,” our minds jump to Hollywood movie scenes with getaway drivers waiting with the engine running. Though in real-world Colorado law, this charge is far more common and widely misunderstood.

While the general community and federal courts use the phrase “accessory after the fact,” Colorado’s criminal code technically labels it “Accessory to Crime” under C.R.S. 18-8-105. No matter the phrasing, the concept is the same: You are accused of stepping in to protect another person – the “principal” – after they allegedly committed an offense.

In this article, I discuss what you need to know about Colorado accessory laws, including the elements, penalties, and how to fight the charges.

Elements: What the Prosecution Must Prove

For you to be convicted of being an accessory after the fact in Colorado, the district attorney cannot just point out that you hung out with a suspect. They must prove all four of these specific elements beyond a reasonable doubt:

1. A primary crime occurred: Someone else (the “principal”) must have actually committed a felony or misdemeanor. However, it is not necessary that the principal be charged or convicted. Even if principals flee the country and are never caught, accessories are still on the hook.
2. You knew about it: You had actual knowledge that the principal committed the crime, was convicted of it, or was actively being sought by law enforcement. Note that courts can infer you knew about the crime if you deliberately avoided learning the truth because you strongly suspected criminal activity; this doctrine is commonly called “willful blindness” or the “ostrich instruction.”
3. You provided assistance: You took an overt action to hide, warn, or aid the principal.
4. You had criminal intent: Your specific purpose was to hinder, delay, or prevent the police from catching, prosecuting, or punishing that person.

My clients are always relieved to learn that “mere silence” or failing to report a crime” does not meet the third element of providing assistance to the principal. For example, if a colleague confides in you that they are embezzling money from your employer, you have no general duty to act as a police informant.

To cross the threshold into “rendering assistance,” you must perform an affirmative act. Common real-world triggers include:

• Digital Obscurity: Deleting incriminating text messages, wiping a friend’s hard drive, or throwing away a cell phone.
• Financial Lifelines: Venmo-ing or wiring money to someone so they can buy a bus ticket to flee the state.
• Misdirection: Intentionally giving a detective false timelines or a fake alibi for a suspect during an interview.¹

Penalties: Fines and Incarceration

The sentence for a Colorado accessory conviction turns on the crime that the principal committed. The harsher the underlying crime, the harsher the punishment for being an accessory to it.

Acting as an accessory to a misdemeanor is a petty offense, carrying up to 10 days in jail and/or $300.

Acting as an accessory to a class 6 felony is a class 6 felony, carrying 12 to 18 months in Colorado State Prison (plus one year of parole) and/or $1,000 to $100,000.

Acting as an accessory to a class 5 felony, class 4 felony, or class 3 felony is a class 5 felony in Colorado. The penalty is one to three years in prison (plus two years of parole) and/or $1,000 to $100,000.

Finally, acting as an accessory to a class 2 felony or class 1 felony is either a:

• class 5 felony if the principal is merely suspected of or wanted for committing the class 1 or 2 felony. The penalty is one to three years in prison (plus two years of parole) and/or $1,000 to $100,000; or
• class 4 felony if the principal has committed, has been convicted of, or is charged with the class 1 or 2 felony. The penalty is two to six years in prison (plus three years of parole) and/or $2,000 to $500,000.²

Defenses: How to Fight Back

How best to defend against accessory charges depend on your specific circumstance. In my experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting C.R.S. 18-8-105 charges reduced or dismissed.

1. Lack of Criminal Intent: For example, helping a friend clean out a stolen car is no crime if you had no idea it was stolen. Unless your motivation is to help the principal avoid justice, you are not an accessory.
2. Duress and Coercion: If the principal threatened to harm you or your children if you did not help them evade arrest, the court may excuse your actions because you acted under duress. You cannot be criminally liable if your compliance was coerced through a legitimate, immediate fear for your safety.
3. Constitutional Violations: If the police discovered the hidden evidence or obtained your statements through an unlawful search or a custodial interrogation without reading you Miranda rights, that evidence can be suppressed as evidence. Without it, the prosecution’s case often crumbles.

My clients are often surprised to learn there is no “family safe harbor” exception to Colorado accessory charges. Therefore if you help your spouse, child, or other relative after they committed a crime, it is not a defense that you were acting out of a natural human instinct to protect your family.³

Frequently Asked Questions

Can I be charged as an accessory if I only helped because I was terrified?

Yes, the police can still arrest and charge you. However, if your fear was driven by a direct, immediate threat of death or serious bodily injury from the principal, I can raise an affirmative defense of duress under C.R.S. § 18-1-708. If proven, this excuses your criminal behavior.

What is the difference between an accessory and an accomplice in Colorado?

Timing and participation are the key differences.

An accomplice helps plan or execute the crime before or during its commission (like acting as a lookout). An accessory only steps in after the crime is fully completed to help the principal escape the consequences.

Accomplices generally face the exact same penalties as the principal, whereas accessories typically face lesser, distinct charges.

Can a child be charged as an accessory for helping a parent?

In Colorado, anyone over the age of 10 can be charged within the juvenile justice system. While prosecutors use immense discretion when dealing with minors protecting their parents, the law technically allows for juvenile accessory charges if the elements of knowledge and intent are met.

If the main suspect’s charges are dropped, will my accessory charges be dropped too?

Not automatically. Because Colorado treats accessory to a crime as an independent offense, the state only has to prove that a crime was committed by someone and that you tried to cover it up.

Therefore if the principal’s case is dropped because of an illegal search that only affected their rights, the state can still legally pursue your accessory case.

Does a misdemeanor accessory charge go on my permanent record?

Any conviction in Colorado goes on your criminal record. However, under Colorado’s record-sealing laws, a petty offense accessory conviction can typically be petitioned for sealing one year after the case closes, while a felony conviction generally requires a three-year waiting period.

If your case is dismissed entirely, you can apply to seal it immediately.

---

Legal References