Under Colorado law, being present when a crime occurred does not automatically make someone criminally liable. However, criminal liability can arise when a person goes beyond mere presence and takes intentional steps to help another individual avoid discovery, detection, apprehension, prosecution, or conviction. This is where accessory to a crime charges come into play.
At Wolf Law in Denver, we regularly represent individuals accused of being an accessory after the fact. These cases often hinge on intent, knowledge, and whether the accused rendered assistance in a way that meets the statutory elements of the offense. Because the line between lawful behavior and criminal liability can be subtle, having experienced defense counsel who understands how prosecutors build these cases is critical.
Wolf Law is proud to serve clients across Colorado with experienced, compassionate criminal defense built on teamwork, strategy, and courtroom excellence. Jeff Wolf and Colleen Kelley work side by side to lead the firm’s criminal defense practice, combining decades of trial experience and a shared commitment to protecting clients’ rights and futures. Known for his clear legal insight and national commentary on high-profile criminal cases, Jeff Wolf brings strategic perspective and thought leadership, while Colleen Kelley adds extensive courtroom experience and a steady, client-focused approach to complex criminal cases. Together, they reflect Wolf Law’s collaborative, client-centered approach to defending individuals at every stage of the criminal justice process.
What Does “Accessory to a Crime” Mean in Colorado?
In Colorado, accessory to a crime typically refers to accessory after the fact, which is a separate criminal offense from the underlying crime itself. A person may be legally accountable as an accessory if they know that another person has committed a criminal offense and intentionally assist that person in avoiding discovery or escaping justice.
Colorado has moved away from older common law definitions and instead relies on specific statutory elements designated by statute.
Accessory After the Fact vs. the Underlying Crime
An accessory after the fact is not charged with the same crime as the person who committed the original crime. Instead, the charge depends on:
- The severity of the underlying crime
- Whether the accused knew the crime occurred
- Whether the accused intended to hinder, delay, or prevent law enforcement involvement
The penalties depend on whether the original crime is designated as a felony or misdemeanor under Colorado law.
The Statutory Elements Prosecutors Must Prove
To secure a conviction, the prosecution must establish each statutory element beyond a reasonable doubt, including:
- A crime occurred
- The accused knew that the person assisted had committed a criminal offense or was suspected of or wanted for a crime
- The accused rendered assistance
- The accused acted with specific intent to hinder, delay, or prevent discovery, detection, apprehension, prosecution, or conviction
If any of these elements are missing, the accessory charge may fail.
What Does “Render Assistance” Mean?
Under Colorado law, rendering assistance can include a wide range of conduct, such as:
- Providing money, transportation, a weapon, or a disguise
- Concealing, destroying, or altering incriminating evidence
- Helping someone avoid discovery or escape apprehension
- Delaying law enforcement by providing false or misleading information
- Preventing public authorities from locating a suspect or escaped prisoner
The law does not require physical involvement in the original crime. Assistance provided after the crime occurred is sufficient if done with the required intent.
Mere Presence vs. Criminal Liability
Mere presence is not a crime. Colorado law is clear that simply being near someone who committed a criminal act, or knowing about a crime, does not automatically make a person an accessory.
Examples of mere failure that generally do not create liability include:
- Mere silence
- Mere failure to report a crime
- Being present without assisting
Accessory charges require affirmative conduct, not just passive awareness.
Physical and Testimonial Evidence in Accessory Cases
Accessory cases often rely heavily on:
- Physical evidence, such as phone records, transportation logs, or altered evidence
- Testimonial evidence, including witness statements or alleged admissions
Because testimonial evidence can be unreliable or taken out of context, these cases frequently turn on credibility and reasonable doubt.
Knowledge and Intent: The Core of the Case
Two issues are central in nearly every accessory prosecution:
Did the accused know?
The prosecution must show the accused knew that the person assisted had committed a crime or was suspected of or wanted for one. Suspicion alone is not always sufficient.
Did the accused intend to help?
The accused must have intended to hinder or delay law enforcement. Accidental assistance or actions taken without criminal intent may not meet the legal standard.
Impending Discovery and Avoiding Detection
Accessory charges often involve claims that the accused acted during impending discovery or apprehension, such as:
- Hiding evidence when police were already investigating
- Providing transportation to avoid immediate arrest
- Assisting someone accused of a crime while knowing law enforcement was searching for them
Intent to escape justice is a critical factor in these cases.
Penalties and Classification of the Offense
Accessory charges in Colorado are classified separately from the original crime. In general:
- If the underlying crime is a felony, the accessory charge may also be a felony
- If the underlying crime is a misdemeanor, the accessory charge may be a misdemeanor or petty offense
Penalties may include jail or prison time, fines, probation, and a permanent criminal record.
Being Charged as an Accessory
Accessory cases may be initiated through:
- An indictment
- A complaint with a crime
- Being charged by pending information
Once charged, the accused faces prosecution even though they did not commit the original criminal offense.
Common Defenses to Accessory Charges
Effective defenses may include:
- Lack of knowledge of the crime
- Lack of intent to hinder, delay, or prevent law enforcement
- Mere presence or mere silence
- No affirmative act of assistance
- Insufficient or unreliable testimonial evidence
Each case depends heavily on facts, timing, and the accused’s actions.
Why Accessory Charges Are Taken Seriously
Even though an accessory may not have committed the criminal act itself, a conviction can still result in:
- Jail or prison time
- A lasting criminal record
- Serious personal and professional consequences
Because these cases involve intent and interpretation of conduct, early legal representation is critical.
Speak With a Denver Criminal Defense Attorney
If you are accused of accessory to a crime in Colorado, your case may turn on subtle but critical details about intent, knowledge, and alleged assistance. These charges are serious and require a strong, strategic defense.
Wolf Law, based in Denver, Colorado, defends individuals facing accessory charges and other criminal offenses throughout the state. We carefully analyze the statutory elements, challenge weak evidence, and protect your rights at every stage of the prosecution.
Call 720.479.8574 today to speak with Wolf Law and schedule a free consultation.
