Helping someone commit a criminal offense or avoid being arrested afterward is a criminal offense. Doing that could lead to charges of abetting, aiding, or being an accessory to the original offense. When an offense occurs, the law enforcement officers and the prosecution team usually focus on identifying the people who committed the unlawful act. That person is often referred to as the principal offender.

However, the law enforcement officers could sometimes expand their investigation to those accused of aiding or being an accessory to the original offense. Being an accessory to a crime means you aided someone before, during, or after committing an offense. That means you were involved in the offense even if you did not commit or participate in the primary crime.

Knowing what to do in this situation can mean the difference between a conviction and dismissal of your charge.

An Accessory to a Crime Offense Overview

As mentioned in the previous sentence, being an accessory to an offense means that you were involved in committing a criminal offense, even though you did not directly participate in it. In other words, being an accessory to an offense means you knowingly assisted in supporting or covering up the offense or assisted the perpetrator in avoiding an arrest, trial, or conviction.

Based on the facts and particulars of your specific case, your offense can be categorized as either:

  • Accessory before the fact

  • Accessory after the fact

Generally speaking, the primary difference between these two categories is when you offer help. In either of these cases, the police can arrest you for being an accessory to the crime even if you were not present when it occurred. That means the judge could consider you an accessory to an offense even if you were miles from the offense’s scene.

An Overview of The Above Categories of an Accessory to a Crime

The prosecutor could charge you as an accessory to a crime regardless of whether your involvement in the original offense occurred before or after the original offense. Here is a brief overview of the above two categories of an accessory to a crime offense:

Accessory Before the Fact

Also sometimes referred to as “abetting and aiding a crime,” being an accessory before or during a crime is unlawful. That means you assisted someone before he/she committed an offense or during its commission.

Although you did not directly participate in the offense’s commission, you could face charges for helping them commit the offense in one way or another. For example, by providing resources, instructions, or information on how to carry out the crime. Here are a few examples of acts that could attract charges for abetting or aiding an offense:

  • Hiring someone to commit an offense

  • Encouraging someone to commit or participate in a criminal activity

  • Keeping an eye out for someone who is committing a robbery offense

  • Being a getaway driver

  • Setting up a safehouse for the principal offender to hide after the offense

  • Preventing someone who is attempting to stop the occurrence of the offense

  • Failing to stop a crime from occurring, you have a legal duty to do so

  • Furnishing a weapon for use during the commission of a felony

  • Allowing someone who is trafficking controlled substances to live in your house

It is worth noting that the above is not an exhaustive list of acts that could qualify you as an accessory before the fact. When accused of abetting and aiding an offense, the prosecutor must adequately prove the facts listed below to secure a guilty verdict against you:

  • The perpetrator or principal offender committed an offense

  • You knew the principal offender had the intent to commit an offense

  • You had the intent to abet or aid the principal offender in committing a criminal activity during or before the offense's commission

The prosecution must also prove to the court that you declined to discontinue or withdraw your help in committing the offense. For example, you can withdraw your help by doing everything you can to prevent or stop the offense's execution or by informing the principal offender early that you do not want to be a participant in the criminal activity.

The penalties you could face for abetting and aiding a crime are similar to those of the underlying charge. For instance, if the original offense attracts a five-year jail term after conviction, abetting and aiding an offense could carry a jail sentence not exceeding five years. However, this statute might not apply to you if the underlying offense is murder.

Accessory After the Fact

According to Penal Code (PC) 32, willingly and knowingly assisting a principal offender evade an arrest, trial, or sentence after committing a felony is unlawful, even though you did not participate or engage in the offense. Other acts that could attract charges under this law include (but are not limited to) the following:

  • Destroying the evidence

  • Allowing the perpetrator to hide in your house

  • Providing a false alibi for someone who has committed a felony DUI

  • Driving a getaway vehicle

Below are critical facts the prosecutor must prove in court to secure a PC 32 violation conviction against you:

  • Someone committed a felonious activity or had pending felony charges

  • You knew that the person was charged with, committed, or convicted of a felony offense

  • After the person committed or was charged with a felony, you aided or hid him/her

  • You had the intent of assisting him/her evade an arrest, prosecution, or sentence

It is worth noting that refusing to testify in a trial when someone is facing a felony charge is not unlawful under PC 32. Since it qualifies as a wobbler, you could face misdemeanor or felony charges if you are under arrest as a suspect in a PC 32 case. Whether the prosecution team will file the offense as a misdemeanor or a felony will depend on various factors, including the following:

  • Your criminal background

  • The unique circumstances and facts of your case

After a misdemeanor PC 32 violation conviction, your sentence could include up to one (1) year of jail term or a $5,000 maximum fine. However, when your offense is a felony, your penalties for a PC 32 violation conviction will be harsher, including:

  • Up to three years of incarceration

  • Up to $5,000 maximum fine

Based on the circumstances and particulars of your case and your criminal defense attorney's mitigating evidence, the court could award you misdemeanor or felony probation. Probation is a more favorable alternative sentence than serving a lengthy jail term.

How an Accessory Differs From an Accomplice

An accomplice and an accessory are involved in a criminal case, but they differ in how each person plays a role, what he/she does, and when he/she does it. As described in the previous paragraph, an accessory aids another person (principal offender) in committing an offense before or after the offense is committed.

However, your presence at the crime scene is unnecessary for a conviction as an accessory to the offense. On the other hand, an accomplice is someone present at the crime scene, even if he/she was not involved in committing the crime or assisting the perpetrator after the offense.

It is important to note that an accessory could also qualify as an accomplice, particularly in scenarios involving abetting or aiding the commission of an offense. According to PC 31, abetting or aiding an offense can attract penalties similar to those the principal offender could face for committing the original offense.

Working with a skilled attorney is key when you are under investigation or charged with a PC 32 or 31 violation. Your attorney can aid you in navigating the complexities of these laws and offer you thorough legal representation in court to increase your chances of securing a desirable outcome.

Best Legal Defenses That Your Attorney Can Apply When Charged with an Accessory to a Crime Offense

If your charge reaches the trial stages of the criminal court process, the legal defenses you will present will be critical to the outcome of your case. The specific legal defenses your criminal defense attorney will apply to challenge this crime will vary depending on the circumstances and facts of your unique case.

Here is an overview of the best defenses that may work in your favor to secure a favorable outcome:

You Were Just a Bystander and Did Not Assist in the Crime

You would not be guilty of the offense by being a bystander at the crime scene. According to PC 32, your presence at a crime scene does not automatically qualify you as an accessory. To secure a PC 32 conviction against you, the prosecutor must prove that you did take an affirmative move to assist the perpetrator in committing the offense.

That means the prosecutor cannot secure a conviction against you under this statute if you were at the wrong location at the wrong moment and did not participate in or support the offense. With the legal assistance of an aggressive attorney, this legal defense argument could work in your favor to secure a favorable outcome.

You Had No Intention to Assist in the Offense

The prosecutor cannot secure a conviction against you if he/she cannot prove that you had the criminal intent to assist the perpetrator in committing the offense. A reliable criminal defense attorney can argue that you did not consciously decide to assist the perpetrator in committing the offense or evading an arrest after the offense to secure a favorable outcome.

You Were Coerced

The court could dismiss your case if your criminal defense attorney can prove with clear evidence that someone coerced you into aiding the principal offender in committing the offense or evading arrest, trial, or conviction. That means you did not commit the act willingly, and you only did so because someone forced or threatened you or your family.

For this defense argument to work in your favor, he/she must prove the threats were severe and immediate, and you did not have any other reasonable way of fleeing the situation.

You Withdrew From the Offense

The court could reduce or dismiss your PC 31 or 32 charges if you withdrew from helping the perpetrator commit the original offense, and you:

  • Notified him/her of the intentions or willingness to withdraw from the plan

  • Did everything within your power to stop the crime from occurring

If this legal defense argument works in your favor, the court will likely reduce or dismiss your charges.

You Were Unaware of the Perpetrator's Plan to Commit an Offense

The court cannot convict you of this offense if you were unaware of the person’s “perpetrator” intentions or plans to commit an offense when helping them. For example, if your friend asked you to pick him up with your car, but you did not know he/she was using you to escape the crime scene after committing a criminal offense, the court could dismiss your PC 32 charges or reduce them to a lighter charge.

Someone Accused You Falsely

Because the prosecutor does not need to provide tangible proof of your role or involvement in the offense, the offense of being an accessory to a crime is ripe for false accusations. That means someone with jealous or vengeful motives can falsely accuse you of the crime to satisfy his/her interests.

However, even if that is true, you must provide evidence at trial that supports this argument to secure a favorable outcome.

Find a Criminal Defense Attorney Near Me

In addition to ruining your reputation, a PC 32 or 31 violation conviction can attract a lengthy jail term and steep fines. Ensure you consult with an attorney who understands how the judge and prosecutor treat the offense of being an accessory to a crime. Without a credible criminal defense attorney, maneuvering the complexities of these statutes can seem like navigating a maze.

However, you do not have to go through this tiring and nerve-wracking process alone. We at the Law Office of Sara L. Caplan are here to help if you are arrested or charged under this statute. Call us at 310-550-5877 to discuss your case with our reputable criminal defense attorneys, wherever you are in Los Angeles.