Accessory After the Fact in Florida (Fla. Stat. § 777.03)
Accessory after the fact is a criminal offense in Florida that involves assisting someone who has committed a felony to evade arrest, trial, or punishment. The law aims to penalize those who provide aid to criminals after the commission of a crime. Below are detailed aspects of this crime:
Key Elements
To convict someone as an accessory after the fact, the prosecution must prove the following elements:
A Felony Was Committed:
The principal offender must have committed a felony (not a misdemeanor).
Examples of felonies include murder, robbery, drug trafficking, or grand theft.
Knowledge of the Felony:
The defendant must know or have reasonable cause to believe that the person they are helping committed a felony.
Merely suspecting wrongdoing may not be sufficient unless it can be shown the defendant acted with knowledge of the specific felony.
Intent to Help the Offender Avoid Consequences:
The defendant must intentionally assist the offender to avoid arrest, trial, or punishment.
Examples of assistance include:
Hiding the offender.
Providing money, transportation, or documents to flee.
Misleading law enforcement to protect the offender.
Act of Assistance:
The defendant must take concrete actions that aid the offender. Passive knowledge or inaction generally does not qualify as accessory after the fact.
Penalties
The severity of punishment depends on the underlying felony the offender committed. Florida law grades the crime of accessory after the fact as follows:
For Capital, Life, or First-Degree Felonies:
Third-degree felony punishable by up to 5 years in prison,
Wexford GAA starâs father described as âsexual predatorâ as he is jailed for indecent assaults of two girls
The 64-year-old defendant had contested all 36 charges against him
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David Medcalf
Wexford People
December 13 2024 02:30 AM
Dan Brosnan, the father of Wexford gaelic football star Ben Brosnan, has been sentenced to seven years in prison this week despite an appeal for leniency from his son.
Dan Brosnan (64) was convicted earlier this year after a lengthy trial of repeated indecent assaults of an underage female in the 1980s. The jury also found him guilty of assaulting the girlâs younger sister on one occasion.
His address was filed in court paperwork as Vernegly, Bannow, Co Wexford. During the proceedings, it was said that he came originally from Kerry and, more recently, that he had moved away from Bannow.
At a sentencing hearing in Wexford Circuit Court this week, Judge James McCourt was reminded of the evidence in the case by Garda Bridgid Comerford.
She confirmed that 35 of the 36 charges levelled against the defendant covered a period when the older sister was aged from 11 to 16.
Garda Comerford re-capped how the abuse, which began as âticklingâ, quickly took a sinister turn. He put his hands under her shirt to make contact with her breasts. She would tell him to stop but he treated the matter as a joke.
He would stand behind her and grab her, putting his hands all over her, putting his fingers in her vagina. Incidents occurred over the years at her home, at her place of work, and at the home of the accused.
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The victim did not tell anyone at the time what was happening as she was afraid of her tormentor. It was not until 2021, more than 30 years later, that he was finally arrested and confronted with the allegations.
The 36th charge related to an incident in 1990 when Dan Brosnan put his hand on the breast of the second sister after he joined her on a sofa and snuggled up to her.
Dan Brosnan. Photo: Jim Campbell.
The sentencing hearing was informed by barrister Anthony Sammon that his client did not accept the decision of the jury.
Counsel said that the defendant had been in the army for at least 34 years, serving three terms of duty in Lebanon.
More recently, he was treated for throat cancer in 2018.
Victim impact evidence was given to the court by the woman, now in her 50s, who bore the brunt of the offending behaviour. In a sometimes emotional address, she described how her innocence had been robbed by a man she should have been able to trust.
She told how thoughts of Dan Brosnan have haunted her for decades after he tortured her weekly, sometimes daily, over a period of five years.
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She suffered terrifying flashbacks and nightmares to this day, she reported.
At times she had felt herself drowning in shame and fear as a result of the abuse, attempting suicide several times. Her mental health improved after she gave up alcohol at the age of 26 and embarked on intensive therapy.
Though now âmarried with two gorgeous kids and a successful businessâ, she continued to suffer from insomnia.
Speaking of Dan Brosnan she said: âHe acted like he owned me. He was sneaky and fooled a lot of people. He stole my childhood and eroded my belief in human goodness.â
Ben Brosnan of Wexford.
He had lived freely for a long time, unaffected by the devastation he had caused, she observed. And she appealed to Judge James McCourt to hold him fully accountable for his crimes, describing him as a serial predator.
She reckoned that the 35 charges represented only a fraction of his criminal activity. The final charge of the 36 concerned an incident which occurred when a second sister was babysitting, aged 12 or 13.
She too entered the witness box to make a statement in which she recalled the circumstances of Dan Brosnanâs assault on her. It took place on the sofa while his children were watching television in the same room.
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âI remember not knowing how to get out of the situation,â she said, adding that the accused had groomed her so that he could pounce whenever the opportunity presented itself. âMy wish not to be touched did not come into it. He made me believe that I had no right to ever feel safe.â
As the convicted ex-soldier did not accept the verdict in the case and viewed himself as innocent, the court could not entertain any plea of mitigation.
However, Mr Sammon nevertheless called his clientâs son Ben Brosnan to speak up for his father. The noted footballer told how the defendant had imbued him with a strong work ethic.
His father, he continued, had been very supportive since he (Ben) set up a sportswear company with his wife Annie. She too was called, describing her father-in-law as a wonderful part of the family: âThe children love him and we love him,â she concluded.
Judge McCourt pointed out that the defendant had offered no apology for his egregious breach of trust. He had shown no remorse and no insight into his crimes.
The victims in the case were too afraid to speak out against him at the time. He commended them for their bravery in submitting to the rigours of a full trial and was convinced that their statements were not exaggerated.
The seven year sentence was handed down and Dan Brosnan was promptly led away by prison officers.
That is exactly true, and a photo of him in the middle of the article. I suppose the appeal for clemency made him more of a target, but an awful position for him to be in.
I have no issue with him being mentioned in the article or them specifying that he plays for Wexford but they are making the sons hobby a far bigger story than it should be
GAA âstarâ is a grossly overused term. Iâd never heard of him before, and likely wonât do again. Putting his photo in is just prurient salacious and nasty, though obviously what his oul fella did was so far beyond bad it doesnât need saying.
Cases like this make the George Gibney thing so utterly unbelievable that you can only think there were deeply sinister forces at work in the judiciary.