Legal Question in Criminal Law in South Carolina

Re: accessory after the fact

I am not sure if your asking this question in regards to a case in New York or South Carolina. The other attorney is in NY and gave you the law for that state. It is entirely different for SC. Two code sections come into play. I have copied them below:

§ 16-1-40. Accessory.

A person who aids in the commission of a felony or is an accessory

before the fact in the commission of a felony by counseling, hiring, or

otherwise procuring the felony to be committed is guilty of a felony

and, upon conviction, must be punished in the manner prescribed for the

punishment of the principal felon.

§ 16-1-50. Indictment and conviction of accessories.

A person who counsels, hires, or otherwise procures a felony to be

committed may be indicted and convicted:

(1) as an accessory before the fact either with the principal felon or

after his conviction; or

(2) of a substantive felony, whether the principal felon has or has not

been convicted or is or is not amenable to justice, and may be punished

as if convicted of being an accessory before the fact.

As you can see, Before The Fact and After The Fact are treated the same. Both can be convicted and sentenced the same as the one that committed the crime.

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RobertJohnstonLaw.com

Re: accessory after the fact

It is a "D" Felony which carries a maximum sentence of Seven (7) Years.

If you or someone you know is charged or about to be charged (or even may be charged) with being an accessory after the fact, you may contact my office. I handle cases like that as well as other criminal matters. You may reach me by following the links below.

Good Luck.