California law is strict on individuals who commit crimes in the state and those who aid the criminals to accomplish or conceal the acts. You are considered an accessory to a crime if you help a perpetrator of a criminal offense plan and execute the offense or assist them to hide their acts and avoid criminal apprehension.
You can be arrested and charged with being an accessory to a crime even when you are not at the crime scene, and you did not actively participate in its commission. However, the prosecution must establish your knowledge of the crime, and you must take some action to encourage or aid its commission.
The consequences of a conviction for being an accessory can be severe and life-changing. Therefore, you will require the guidance of a reliable criminal attorney to help you fight the charges and secure a favorable case outcome.
An Overview of Accessory to a Crime in California
An accessory to a crime is an individual who helps in committing or concealing a crime. You could face arrest and charges as an accessory for knowing about a crime and failing to alert law enforcement officers.
Being an accessory to a crime differs from being an accomplice in that an accessory can be part of a crime without active participation. On the other hand, an accomplice must actively participate in the crime's commission and concealment.
Another factor differentiating an accessory from an accomplice is that an accomplice is often present at the crime scene, offering physical, technical, or logistical assistance. However, an accessory does not need to be at the scene, and their role is not always active.
Accessory charges are divided into two depending on what stage of the offense you were involved.
Accessory Before the Fact
California Penal Code 31 makes it a crime to help another person in the planning or execution of a crime. Criminal liability under this statute extends from the actual perpetrator of the crime to individuals who encourage its commission. Common acts that could result in your arrest and charges under this statute include:
- Offering your vehicle to be used as a getaway car after a crime
- Serving as a lookout as another person commits a crime
- Providing the tools and resources necessary for the commission of a crime
- Offering the information necessary to plan and execute the crime
- Encouraging an offender to move forward with the execution of a plan they have planned
- Obstructing law enforcement officers from accessing a crime scene
Your conviction under this statute will result from the prosecution proving these elements beyond a reasonable doubt:
Someone Committed a Crime
The first element the prosecution must prove to establish your liability under PC 31 is that a crime was committed. Therefore, there should be a principal offender facing charges for the underlying offense.
You Knew of the Offender’s Plan To Commit the Crime
You cannot be found guilty of aiding in an offense you knew nothing about. Therefore, the prosecution must establish your knowledge of the principal offender’s intent to commit the crime in question.
You Intended to Help the Offender Commit the Crime
You can be charged as an accessory before the fact if you intend to help a criminal perpetrator accomplish their crimes. This could be by helping them plan the crime, offering resources to aid in the crime, or encouraging them to commit the underlying offense.
Your Aid or Encouragement Helped the Offer Execute the Offense
The final element that helps the prosecution prove your liability for this offense is that your encouragement or actions before the crime helped the principal offender execute their crimes. Promoting or instigating criminal conduct could land you in severe legal trouble.
When separating a principal offender from a perpetrator of a criminal offense, the prosecution will consider whether the offender independently engaged in the criminal acts or simply aided another person.
Penalties for Violating PC 31
In most cases, you are charged as an accessory before a crime when the principal offender mentions you in their confessions or witnesses identify you as part of the plan. Under California law, an accessory to a crime will be convicted and punished similarly to the actual offender.
Therefore, if you aided in committing a serious felony, you will face punishment for the felony offense. This can have a devastating impact on your freedom and life after a release from incarceration. Fighting your charges under PC 31 will require insight from a competent defense lawyer.
Accessory After the Fact
California Penal Code 32 makes it a crime to act as an accessory after a crime. Under this statute, you will be arrested and charged for aiding, harboring, or concealing a felon to protect them from an arrest, conviction, or punishment. Acts that could result in your arrest and charges as an accessory after the fact include:
- Helping disclose incriminating evidence
- Hiding stolen items for the offender to help them pass a search warrant
- Providing shelter to a person whom the police are in pursuit of
- Withholding critical information about a crime from the police officers
- Misleading police officers to help the guilty party escape liability for their actions
- Driving the getaway vehicle after the commission of a criminal offense
- Cleaning up the crime scene
The elements that the prosecution must prove to secure a conviction against you under POC 32 include:
Another Person Committed a Felony or Faces Felony Charges
The prosecution must prove that a felony was committed, and another individual faces charges for the offense when proving that you were an accessory after the fact. Under California law, a felony is an offense whose conviction results in prison time.
You Knew that the Person Committed a Crime
Another element that must be clear to establish your liability under PC 32 is your knowledge that the alleged perpetrator had committed a crime or was facing felony charges. You cannot be convicted of helping a criminal offender if you do not know that they committed the offense.
You Aided or Helped the Offender
If you help an offender after they commit a crime, you are guilty of being an accessory after the fact. You could help by offering physical resources, misleading law enforcement officers, or concealing information about the crime.
You Acted with an Intent to Help the Person Avoid the Consequences of their Crime
Your actions when helping a perpetrator of a criminal offense must be geared toward helping them avoid liability for their crimes. This means that you want to help the person avoid an arrest, prosecution, or punishment for the offense they committed.
Penalties under PC 32
A violation of PC 32 is a wobbler. The prosecution can file felony or misdemeanor charges against you, depending on the nature of the underlying offense and your criminal history. As a misdemeanor, accessory after the fact is punished by a one-year jail sentence fines not exceeding $5000.
On the other hand, a felony conviction could result in up to three years in prison and fines not exceeding $5000.
Legal Defense Against Penal Code 31 and 32 Charges
Whether or not you actively participate in a crime, you could be arrested and charged with being an accessory after or before the crime. This occurs when you help plan the execution or concealment of the criminal act. You could spend a significant amount of time behind bars and pay hefty fines if you are convicted of these offenses.
Therefore, you must be aggressive to fight the charges and avoid a conviction. With the insight of a knowledgeable criminal lawyer, you could build your defense around the following arguments:
No Crime was Committed
A charge of accessory to a crime cannot be brought against you unless the prosecution can demonstrate that an offense was committed. Therefore, you can escape being found guilty under PC 31 or 32 by claiming that no crime was committed. For example, demonstrating that there was no robbery could assist you in avoiding the repercussions of a conviction if you are accused of being an accessory before a crime.
You did not Encourage the Commission of a Crime
You are considered an accessory to a crime if you encouraged or facilitated the commission of the crime. However, if you did not engage in any act that can establish your encouragement to the perpetrator, you will not be found guilty of the offense.
No Knowledge of the Crime
Before you face a conviction for being an accessory before or after the fact, the prosecution must prove that you knew of the crime. You can argue that you did not know that a crime was about to be committed or had already been committed when you rendered your aid.
For example, if you store some items for a friend in your house without knowing they are stolen, you cannot be found guilty of being an accessory after the fact.
Duress
Duress is a defense where you accept liability for being an accessory before or after a crime but argue that you were coerced or forced into it. You must establish the following elements for a successful duress defense:
- The perpetrator of the crime issued an immediate threat of injury or death to you or your family.
- You reasonably believed that the perpetrator would carry out their threats.
- You lacked a reasonable opportunity to escape the harm without aiding the principal in committing or concealing the crime.
Threats that are valid for this defense must be actual and immediate. You cannot avoid a conviction for being an accessory by arguing that you featured future danger. You shoulder the burden of proving these elements beyond a reasonable doubt when using duress as your defense.
Withdrawal
You can avoid a conviction for being an accessory to a crime if you withdraw your involvement before the crime occurs. You can use this defense by proving to the court that you informed the participants of your intentions to withdraw. Additionally, you must have tried everything possible to prevent the commission of the crime.
This means that you must have reported the matter to law enforcement officers. Failure to participate in a crime without taking the necessary measures to stop it may not be sufficient to prevent a conviction.
False Allegations
An accessory to a crime plays an inactive role in commissioning or concealing the offense. Before, the prosecution did not need to present physical evidence proving that you participated in the offense. For this reason, your charges under PC 31 or 31 could be based on false allegations.
A false allegation could be driven by malice, revenge, or anger. Fighting false allegations will require hiring and retaining a seasoned criminal attorney. Some of the strategies you can use to fight false allegations include:
- Collecting physical evidence to show that you did not encourage or help in the commission of the crime
- Identifying instances of fabricated testimony from witnesses and the principal offender
Lack of Intent
The prosecution must demonstrate that you intended to assist the primary criminal in avoiding the repercussions of their actions. Proving criminal intent is often challenging. Therefore, you can avoid liability under PC 32 by arguing that you lacked the necessary intent.
Find a Reliable Criminal Defense Lawyer Near Me
If you face an arrest for being an accessory to a crime in California, you can be charged under PC 31 or 32, depending on the circumstances. PC 31 seeks to punish individuals who assist in the planning and executing of a crime. PC 32, on the other hand, addresses the aid you give an offender after they have accomplished the criminal acts.
Being an accessory before or after the fact attracts felony or misdemeanor charges, deepening the nature of the underlying conviction. After a conviction, you may be sentenced to incarceration and hefty fines. Additionally, a conviction can taint your criminal record and impact your life.
Being arrested and charged as an accessory to a crime in Long Beach, CA can be an intimidating and stressful experience. Therefore, you must speak with an experienced defense attorney. At Long Beach Criminal Attorney, we offer the expert legal insight you need to protect your constitutional rights and fight your charges. Call us at 562-308-7807 to discuss the case details.