What is an ‘accessory after the fact’?
Virginia Code states that:
Every accessory after the fact is guilty of (i) a Class 6 felony in the case of a homicide offense that is punishable by death or as a Class 2 felony or (ii) a Class 1 misdemeanor in the case of any other felony. However, no person in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, or servant to the offender, who, after the commission of a felony, shall aid or assist a principal felon or accessory before the fact to avoid or escape from prosecution or punishment, shall be deemed an accessory after the fact.Va. Code 18.2-19
This law exempts certain family members from be accessories after the fact. This exception does not apply to other forms of conspiracy or being an accesory.
You may be charged as an accessory after the fact if you help a friend, someone you know, or a stranger evade or elude police when the have committed a felony.
The Commonwealth carries the burden to prove that a defendant knew the third party had committed a felony, and that the defendant had the intent to help the third party evade capture or prosecution.