It’s not uncommon to want to help your friends or family members, even when they’ve committed a crime.
However, if you find yourself assisting someone after they’ve committed a felony, you may find yourself in serious trouble.
Being an accessory to felony is a serious crime in Muskogee, Oklahoma.
Defining Accessory to Felony
Oklahoma state law governs the crime of accessory to felony. In Oklahoma, all persons who conceal or aid someone who has just committed any felony, with knowledge that he has committed a felony, and with intent that he may avoid or escape from arrest, trial, conviction, or punishment, are considered accessories.
In order to secure a conviction, a prosecutor must therefore prove that a defendant:
- concealed or aided someone who committed a felony
- knowingly and
- with the intent to help him avoid punishment.
Penalties
Except in cases where a different punishment is prescribed by law, an accessory to felony crime is punishable as follows:
- If the underlying offense is a felony punishable by imprisonment for at least four years, the accessory shall be subject to imprisonment for a term not exceeding one-half of the longest term prescribed upon a conviction for the underlying offense. Therefore, if the person who committed the felony was sentenced to 5 years in prison, the accessory can serve no more than two and a half years in state prison.
- If the underlying offense is a felony punishable by imprisonment for any time less than four years, the person guilty of being an accessory shall be subject to imprisonment in a county jail for not more than one (1) year. For example, if the person who committed the felony was sentenced to 3 years, the accessory can serve up to 1 year in county jail.
- If the underlying offense be punishable by a fine only, the person guilty of being an accessory shall be subject to a fine not exceeding one-half (1/2) of the largest amount of money which may be imposed as a fine upon a conviction of the underlying offense. If, for example, the person who committed the felony was required to pay a $1,000 fine, the accessory will be required to pay $500.
- If the underlying offense be punishable by both imprisonment and a fine, the offender convicted of being an accessory shall be subject to both imprisonment and fine, not exceeding one-half (1/2) of the longest term of imprisonment and one-half (1/2) of the largest fine which may be imposed upon a conviction of the underlying offense; and
- If the underlying offense be murder in the first degree, the accessory thereto shall be punished by imprisonment for not less than five (5) years nor more than forty-five (45) years. If the underlying offense be murder in the second degree, the accessory thereto shall be punished by imprisonment for not less than five (5) years nor more than twenty-five (25) years.
Low-cost Consultation: Muskogee Felony Defense Lawyer
A conviction of accessory to felony can lead to years in jail and severely alter one’s life.
If you or someone you know is faced with this charge, contact a Muskogee felony defense attorney to discuss your available legal options.
Consult with an experienced attorney at Wirth Law Office – Muskogee today by calling 918-913-0725.