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WHAT IS ACCESSORY AFTER THE FACT IN NEVADA?
An accessory after the fact is a person who, knowing that a felony has been committed, receives, relieves, comforts, or assists the offender to avoid arrest, trial, or conviction. Unlike aiding and abetting, this assistance occurs after the crime is complete.
WHAT THE PROSECUTION MUST PROVE
To convict you of Accessory After the Fact in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
A felony was committed by another person
The defendant knew the felony had been committed
The defendant received, relieved, comforted, or assisted the offender
The purpose was to help the offender avoid arrest, trial, or conviction
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR ACCESSORY AFTER THE FACT IN NEVADA
Accessory After the Fact (Gross Misdemeanor Felony)
Gross misdemeanor. Up to 364 days in jail.
Accessory After the Fact (Category B or Higher Felony)
Category C felony. 1 to 5 years in prison.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending accessory after the fact charges
Helping a friend or family member who has committed a crime — driving them away from the scene, hiding them, destroying evidence, or lying to police — can make you an accessory after the fact.
Spouses and close family members sometimes receive more lenient treatment, but there is no absolute family exception in Nevada law.
Destroying evidence or lying to police to protect someone is not just an accessory charge — it can also result in obstruction of justice and evidence tampering charges.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO ACCESSORY AFTER THE FACT
Every case is unique, but these are the defenses most commonly raised in accessory after the fact cases in Nevada:
No knowledge that a felony had been committed
The assistance was innocent — not intended to help the offender evade justice
The underlying offense was not a felony