Stefany Ash first appearance in court.
High Point, NC -- Guilford County Assistant District Attorney (ADA) Walter Jones has upgraded charges against a High Point mother whose boyfriend allegedly killed their child.
Prosecutors say Brian Frazier has admitted the crime.
A grand jury escalated 20-year-old Stefany Ash's charge to First Degree Murder on Monday. Initially, she was indicted with a lesser charge Accessory After the Fact.
Read/watch: Family Remembers Baby Khan
Police found 2-week-old Khan Lee Frazier dead in the family's High Point home in November 2012.
The ADA says Brian Frazier, Khan's dad, punched the baby to death.
According to statements made in court, Frazier had spent hours playing video games and when he was ready to sleep, the baby wouldn't stop crying; that's when Frazier dealt him a blow.
Jones says the reason he changed Ash's charge to First Degree Murder is because North Carolina case law requires a parent to come to the aid of a child who's being attacked.
But Jones says Ash simply watched as her boyfriend "bludgeoned" Khan to death.
Stefany's family told WFMY News 2 that this escalated charge came as a surprise.
"It wasn't right. They couldn't get the first charge to stick so they came up with something else. Guilt by association, guilt by distance proximity," Brian Alston, Ash's stepfather said in frustration outside of a superior courtroom in High Point. "That's ridiculous."
Alston claims Ash and Frazier were taking turns caring for the baby and Ash thought Brian was just tending to the crying child.
But Jones said in court Thursday, Ash was only 3-feet away Khan when Frazier punched the baby.
The ADA continued, saying Ash did nothing to stop the abuse and went to sleep.
The couple woke up 8-hours later and found the baby dead in his basinet.
Instead of calling police right away, Jones says the couple discussed ways to cover up the crime.
They considered blaming the baby's grandfather, whom they were living with at the time.
Jones also said the couple considered disposing of the body and stalling long enough for Frazier to run into the Carolina mountains and hide.
Judge Ron Spivey who presided over the hearing says if Ash is convicted, she could face life in prison without parole or death.
Frazier is still in jail for First Degree Murder without bond.
Ashe's next court date is March 25th.
The couple has another child - Cain. Investigators say he was severely malnourished when they found him in the home.
Cain is still in the custody of child protective services.
Read: Baby Killed In High Point Home After Father Punched Him In The Face