Helping out your friends and family may come naturally, but if they’ve gotten into serious trouble with the law, helping them out may mean serious trouble for you in the end. Oklahoma law penalizes assisting someone who has committed a felony and is attempting to avoid punishment. This is called being an “accessory to felony” or “aiding and abetting Oklahoma” and can come with serious penalties.
If you or someone you know faces accessory to felony charges in Oklahoma, contact an experienced Tahlequah attorney today.
About Aiding And Abetting Oklahoma
It is illegal to conceal or aid someone who has just committed any felony in Tahlequah with knowledge that they have committed a felony, and with the intent that they may avoid or escape from arrest, trial, conviction, or punishment, are considered accessories. Okla. Stat. tit. 21 § 173
In order to be considered guilty of aiding and abetting Oklahoma charges, a prosecutor must present evidence to prove each of the following three elements beyond a reasonable doubt:
- The defendant concealed or aided someone who committed a felony
- knowingly and
- with the intent to help him or her avoid punishment.
Penalties For Aiding And Abetting Oklahoma
A judge will sentence anyone convicted of accessory to felony in accordance with the underlying felony offense 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. For example, consider John who committed an armed robbery and was sentenced to six years in prison. His friend, Amy, who hid him in his home and was convicted of accessory to felony will be sentenced to between one and three years (no more than half of John’s sentence.)
- 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 year. For example, if John committed a felony crime that was only punishable by three years in prison, Amy would only be sentenced to one year in prison.
- If the underlying offense be punishable by a fine only, the person guilty of aiding and abetting Oklahoma charges shall be subject to a fine not exceeding half of the largest amount of money which may be imposed as a fine upon a conviction of the underlying offense. Consider John who commits a felony that was only punishable by a $10,000 fine. Amy, his accessory, will not be required to pay more than $5,000.
- 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 half of the longest term of imprisonment and half 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 no less than 5 years nor more than 45 years. If the underlying offense be murder in the second degree, the accessory thereto shall be punished by imprisonment for not less than 5 years nor more than 25 years.
Okla. Stat. tit. 21 § 175
Low-cost Initial Consultation: Tahlequah Accessory Defense Lawyer
A conviction of aiding and abetting Oklahoma is complicated and can carry lengthy prison sentences and fines.
If you or someone you know is facing this charge, please contact a Tahlequah criminal defense lawyer to discuss your available legal options.
For a low-cost consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.
