Accessory Before the Fact

Massachusetts General Laws Chapter 274, Section 2 prohibits the rendering of aid in the commission of a felony or otherwise assisting another in the commission of the felony. The maximum penalty for the crime of Accessory Before the Fact is the punishment provided for the crime of the principal felon.

In order to prove the crime of Accessory Before the Fact, the prosecutor must prove, beyond a reasonable doubt:
  1. That someone other than the defendant committed a felony;
  2. That the defendant was an accessory to that felony by counseling, hiring or in some other way arranging for that person to commit the felony; and
  3. That the defendant did so with the same intent that the principal person was required to have to be guilty of the felony.
Whether the defendant is shown to have counseled, hired, encourage or assisted another in committing a felony, the prosecutor must prove greater involvement than merely knowing about the crime, but does not required that the defendant physically took part in the crime itself. In other words, the prosecutor satisfies his burden if he shows that the defendant joined the criminal venture and took some significant role in it by encouraging the principal to commit the crime or helped to plan or commit the crime, or stood by to help if needed.

If you have been charged with the crime of Accessorry Before the Fact, you should immediately consult with an experienced Massachusetts Criminal Defense Attorney.

Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 and can assist you in explaining and protecting your legal rights. To schedule a Free Consultation, Contact Us Online or call 617-325-9500.

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