Florida criminal charge
Accessory after the fact in Florida
Accessory after the fact is a criminal offense under Florida law, defined by Fla. Stat. § 777.03. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 777.03.
What is the penalty for accessory after the fact in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 years (Accessory after the fact — underlying capital felony — Applies when the felony offense committed by the offender was a capital felony.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Accessory after the fact — underlying capital felony — Applies when the felony offense committed by the offender was a capital felony.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Accessory after the fact — underlying life felony or first degree felony — Applies when the felony offense committed by the offender was a life felony or a felony of the first degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Accessory after the fact — underlying life felony or first degree felony — Applies when the felony offense committed by the offender was a life felony or a felony of the first degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Accessory after the fact — underlying second degree felony or higher-level third degree felony — Applies when the felony offense committed was a felony of the second degree or a felony of the third degree ranked in level 3 through 10.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Accessory after the fact — underlying second degree felony or higher-level third degree felony — Applies when the felony offense committed was a felony of the second degree or a felony of the third degree ranked in level 3 through 10.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Accessory after the fact — underlying low-level third degree felony — Applies when the felony offense committed was a felony of the third degree ranked in level 1 or level 2.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Accessory after the fact — underlying low-level third degree felony — Applies when the felony offense committed was a felony of the third degree ranked in level 1 or level 2.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is accessory after the fact classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Accessory after the fact — underlying capital felony | Felony of the First Degree | Applies when the felony offense committed by the offender was a capital felony. | Fla. Stat. § 777.03(2)(a) |
| Accessory after the fact — underlying life felony or first degree felony | Felony of the Second Degree | Applies when the felony offense committed by the offender was a life felony or a felony of the first degree. | Fla. Stat. § 777.03(2)(b) |
| Accessory after the fact — underlying second degree felony or higher-level third degree felony | Felony of the Third Degree | Applies when the felony offense committed was a felony of the second degree or a felony of the third degree ranked in level 3 through 10. | Fla. Stat. § 777.03(2)(c) |
| Accessory after the fact — underlying low-level third degree felony | Misdemeanor of the First Degree | Applies when the felony offense committed was a felony of the third degree ranked in level 1 or level 2. | Fla. Stat. § 777.03(2)(d) |
Common questions about accessory after the fact in Florida
Is accessory after the fact a felony or a misdemeanor in Florida?
It depends on the circumstances: accessory after the fact ranges from a Misdemeanor of the First Degree to a Felony of the First Degree in Florida under Fla. Stat. § 777.03.
Accessory after the fact — underlying capital felony: Felony of the First Degree (Fla. Stat. § 777.03(2)(a)) · Accessory after the fact — underlying life felony or first degree felony: Felony of the Second Degree (Fla. Stat. § 777.03(2)(b)) · Accessory after the fact — underlying second degree felony or higher-level third degree felony: Felony of the Third Degree (Fla. Stat. § 777.03(2)(c)) · Accessory after the fact — underlying low-level third degree felony: Misdemeanor of the First Degree (Fla. Stat. § 777.03(2)(d))
What are the penalties for accessory after the fact in Florida?
Penalties for accessory after the fact in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the First Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers accessory after the fact?
Accessory after the fact is governed by Fla. Stat. § 777.03 (Accessory after the fact).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.