If you are charged with aiding and abetting in Florida, you could face serious consequences. But know that the outcome is not predetermined.

There are specific circumstances delineated under the aiding and abetting Florida Statute that must be proven for a conviction. With the penalties involved with a conviction, it is always recommended to have a criminal defense attorney.

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What is Aiding and Abetting in Florida?

According to Florida Statute §777.03, the crime of aiding and abetting in Florida, also referred to as accessory after the fact, is “Any person who maintains or assists the principal or an accessory before the fact, or gives the offense any other aid, knowing that the offender had committed a crime.”

Meaning it is a crime to assist anyone who has committed a crime. The underlying crime must be completed before a crime of aiding and abetting can be charged. For a conviction to occur, the State has to prove that the accessory to the crime knew – or was provided reliable information – that would provide a reasonable person a basis to believe the crime was committed by the individual they were assisting.

Important note: A person facing an aiding and abetting charge in Florida does not have to witness the crime.

Examples of Aiding and Abetting

There are many ways that an individual could be considered an accessory to a crime. Examples of aiding and abetting in Florida include:

Encouraging someone to commit a crime — encouraging/persuading one or more persons to rob a convenience store
Providing a deadly weapon for the commission of a crime — such as an assault rifle
Hiding an individual who committed a crime from the police — in your home or other building

An individual who assists with the perpetration of a crime would be considered an accomplice, who generally receives the same punishment as the perpetrator. Examples of this could be being a lookout during a convenience store robbery or driving a getaway car after the robbery occurs.

Accessory Before/After the Fact

Specific parameters exist under Florida law that defines the role of accessory before/after the fact.

An accessory before the fact is someone who helps another person commit a crime by encouraging or enabling them to do it.

An accessory after the fact is an individual who would have aided the principal(s) (the person who committed the original crime) to avoid or escape police detection, arrest, trial, or punishment.

Felony Offense Levels

The offense levels for aiding and abetting in Florida are connected to the original offense by the principal. The higher the original felony offense level, the higher the charge for aiding and abetting. There are four levels:

Original Offense: Capital Offense; Offense for Aiding & Abetting: 1st-Degree Felony
Original Offense: Life/1st-Degree Felony; Offense for Aiding & Abetting: 2nd-Degree Felony
Original Offense: 2nd-Degree Felony; Offense for Aiding & Abetting: 3rd- Degree Felony
Original Offense: 3rd-Degree Felony; Offense for Aiding & Abetting:1st-Degree Misdemeanor

For a defendant to be convicted of aiding and abetting in Florida, the state prosecutor must prove the following beyond a reasonable doubt:

The principal committed the offense.
The defendant assisted the principal (before or after).
The defendant knew the principal committed the crime (after the fact).
The defendant helped the principal avoid or escape detection, arrest, trial, or punishment.

Can Parents Be Charged?

Can parents be charged with aiding and abetting in Florida? The general answer is: no.

Under state law, certain family members are covered under the Related Person Exemption, including a parent, spouse, child, grandchild, grandparent, or sibling by blood or marriage. Extended family members can be charged, including if the person is an uncle, aunt, or cousin.

Important note: If the felony in the case involves child neglect, child abuse, or a child’s death, the Related Person Exemption does not apply. Any family member can be charged, and if the person involved is a victim of domestic violence, they will not be charged.

Aiding and Abetting Punishment in Florida

Aiding and abetting punishment will depend on the severity of the original offense. Individuals may not always be aware of the seriousness of an aiding and abetting sentence since they are not directly involved with the commission of the original crime. But, if you are convicted, it is very serious. Here are the standard punishments:

If you are found guilty of helping someone who committed a capital offense:

Up to 30 years in prison
Up to 30 years of probation
Up to $10,000 in fines
Any combination of the above, unless a mandatory minimum sentence is required

If you are found guilty of helping someone who committed a 1st-degree felony:

Up to 15 years in prison
Up to 15 years of probation
Up to $10,000 in fines
Any combination of the above, unless a mandatory minimum sentence is required

If you are found guilty of helping someone who committed a 2nd or 3rd-degree felony:

Up to 5 years in prison
Up to 5 years of probation
Up to $5,000 in fines
Any combination of the above, unless a mandatory minimum sentence is required

What to Do If Charged

If you have been charged with aiding and abetting a fugitive in Florida, or other similar offense, your livelihood and freedom are at stake. With the severe potential penalties you could be facing, you need an attorney as soon as possible to build a defense, develop a strategy, and advocate for your rights.

At Golden Key Law Group, PLLC, working with clients who are charged with aiding and abetting in Florida is part of our criminal defense services. We work diligently throughout the complicated processes of a criminal case and are your legal advocates each step of the way. We have the experience and skills to work and negotiate and resolve your case. We may be able to get your charges lowered or even get your case dismissed.