It is illegal under California law to help a principal offender escape or avoid a conviction, trial, arrest, or punishment after committing an offense. The law refers to this illegal act as an accessory after the fact, and it is prohibited under CA penal code 32. Although this may not sound as serious as committing the crime itself, accessory after the fact is a crime that can cost you several years behind bars. This blog will give you an in-depth look into what an accessory after the fact in California entails.
The Legal Definition of Accessory After the Fact
Accessory after the fact occurs when a person aids, conceals, or harbors a principal offender after they have committed a felony offense with the intent to help them avoid punishment, conviction, trial, or arrest, knowing that they have been charged with or have committed a felony. This crime is punished under penal code 32 PC.
What are the Elements of Crime?
There are various elements that your prosecutor needs to prove for you to be convicted for this offense. These elements include:
- The perpetrator (principal offender) must have engaged in a felony act
- You must have been aware or had knowledge that the perpetrator was convicted or was charged, or was wanted by the authorities for committing a felony
- After the perpetrator committed a felony, you illegally helped or hid their crime
- You hid or helped the perpetrator in order for them to avoid punishment, conviction, trial, or arrest
For example, you can be convicted under PC 32 for doing either of the following:
- Lying to the authorities about the perpetrator’s whereabouts
- Destroying any physical evidence linking the perpetrator to the crime
- Acting as a getaway driver to help the offender from exiting the crime scene
- Hiding the offender in your home or property
- Offer them financial help to escape or bribe the officials
- Provide a false alibi
- Offer any form of help
Factors that the Prosecutor Considers
There are several factors that the prosecutor considers before convicting a person for an accessory after the fact crime. They include:
- Your proximity to the crime scene
- Whether you were physically present at the actual crime scene
- Your relationship with the principal offender And
- The amount of knowledge you have regarding the crime
Conducts that may result in a Conviction Under PC 32
Here are a few examples that may lead you to be an accessory after the fact:
- Driving your car into a getaway to fetch your friend who has just robbed a bank
- Disposing of cocaine in a bin after your child has been arrested for trafficking drugs
- Intentionally telling lies to authorities during an investigation with the aim of misleading them
- Disposing of a gun that your friend used to shoot his foul to prevent him from being arrested
- Hiding your friend in your basement, knowing that they just shot a person on the driveway while the police survey the area trying to capture the suspect
No Duty to Report to the Authorities
Accessory after the fact does not have a legal duty to report to the authorities. This means that you cannot be convicted under PC 32 if you knew that a crime was committed and failed to report it to the police. Being present when a person is committing a crime does not make you guilty of accessory after the fact.
The Legal Concept of California PC 32
There are two significant concepts for accessory after the fact crime. They include:
- Mens Rea — This term means a guilty mind in Latin. For you to be convicted for a certain crime, you must be aware that you are engaging in an illegal activity that is prohibited under the law.
- Actus Rea — In relation to this case, you must be aware that another person has committed a felony offense, and you intentionally decide to help that person escape punishment or arrest after they have committed a felony. Actus rea means guilty act in Latin. For you to be charged with this offense, an actual felony must have occurred, and you must have helped the principal felon escape the authorities.
The Difference Between Aiding and Abetting Crimes and Accessory After the Fact
The law does not outline a significant difference between aiding and abetting crimes convicted under PC 31 and accessory after the fact, PC 32. Most people confuse the two offenses because the line between the two seems thin, but what exactly is the distinction?
The law defines aiding and abetting as helping another person commit an actual crime. The difference may seem subtle, but it is very crucial. For accessory after the fact, you conceal or help a person escape the consequences of their illegal acts after they have committed the crime. On the other hand, aiding and abetting means that you engage in actual participation in the offense.
Punishment for Accessory After the Fact
The sentencing guideline for this offense differs based on the circumstances surrounding the case. This crime is considered a wobbler meaning that you could face a misdemeanor or felony charge. If charged with a misdemeanor under penal code 32, you are likely to face maximum fines of $5,000, informal probation, and a one-year sentence in county jail. If charged with a felony under PC 32, you are likely to face up to three years imprisonment in county jail, formal probation, and maximum fines of $5,000.
How Can I Fight Accessory After the Fact Charges?
There are several legal defenses that you can use to fight charges under PC 32. The most common defenses include:
- You were not aware of the felony that had been committed. As stated earlier, you can only be prosecuted for accessory after the fact if the prosecutor can prove beyond reasonable doubt that you knew that the principal offender had committed a felony offense or is being charged with the offense or was sentenced for the felony. If you can prove that you were not aware of the felony, you cannot be convicted under this statute. For example, Pauline, a taxi driver, is stopped by a passenger who happens to be a hitchhiker. He requests her to drop him at a certain location where he pays and alights the vehicle. In this case, Pauline cannot face charges under PC 32 because she was not aware that the passenger had committed a felony.
- No felony offense was committed. This is also an essential element of this crime. You cannot be charged as an accessory if the prosecutor cannot prove that there was an actual felony that took place. Note that you cannot be charged with this offense if you concealed or helped a principal offender escape after they had committed a misdemeanor or an infraction.
- You had no intention of helping the offender. The prosecutor must also prove that you intentionally helped the felon escape an arrest, punishment, conviction, or trial. But if you helped a felon escape unwillingly or without the knowledge that they were trying to avoid an arrest after committing a felony, then you cannot be convicted as an accessory.
- You were simply a bystander. The prosecutor must also prove that you knowingly helped the principal felon escape or hide from the authorities. But if you had no idea or intent to help the felon and you were just at the crime scene, you cannot be charged as an accessory. If you also refuse to answer any of the questions asked by the officers because you want anything to do with the case, you cannot also be convicted. However, note that you are not guilty under PC 32 for refraining from giving incriminating information about the principal criminal to the authorities; however, if you issue a false alibi for the felon, you will have violated the accessory law.
For instance, Alex was at the crime scene when John stabbed and killed James over debt. Under California law, this act is considered a felony offense. When the authorities get to the scene and question Alex about the incident, he cannot be charged as an accessory if Alex refrains from answering the questions. But, if Alex tells the authorities that John had not stabbed James, Alex will have violated the accessory law.
- Being aware of the crime is not enough. Being aware of the offense is insufficient to have you convicted as an accessory. Knowing that a co-perpetrator has engaged in a felony act is not enough to have you charged as an accessory. However, if there is evidence linking you to helping the principal perpetrator escape or avoid punishment, conviction, trial, or arrest, then you can be charged as an accessory.
- You were under threat. You could have offered to help the co-perpetrator because he threatened to hurt you. In this case, you cannot be convicted as an accessory. However, you have to prove that you were under duress, meaning a threat of force from the felon, and you had no option but to help him. Note that the coercion must be imminent for the defense strategy to work.
- You were incapacitated mentally. Before convicting an offender, the law uses an abiding behavior of what a reasonable person would have done or how they could have acted if put in a similar situation. An intoxicated or mentally impaired person lacks the ability to think and react to things effectively. You could have a strong defense if you were mentally impaired at the time of the offense.
- False accusation. It is not uncommon that you may be falsely accused of violating PC 32. You can use the help of an attorney to look for any loopholes in the evidence provided or interview any witnesses or accusers to ensure that they are not trying to get back at you with false charges.
- Mistaken identity. The defendant could be your look-alike, or they could be driving a car that looks similar to yours, which could make the authorities mistake you for them. You can use an alibi to confirm where you were when the offense occurred.
Can a Conviction Under PC 32 be Expunged?
If you were charged with a misdemeanor accessory after the fact, you could get a conviction expungement under PC 1203.4. However, this can only happen after you complete your probation or jail term.
If you were convicted of a felony, you could not get your conviction expunged because the law does not allow the expungement of crimes that lead to state prison imprisonment.
Offenses Related to Accessory After the Fact
There are various crimes under California law that are charged together with or alongside accessory after the fact. These offenses include:
California PC 182 - Criminal Conspiracy
The law defines this offense as when a defendant plans with another party or parties to commit a certain crime and the other party commits an act in furtherance of the plan. Unlike PC 32, this offense requires the accused to have been involved in either the planning or execution of the crime. This offense can either be charged as a felony or misdemeanor based on the crime in question. For example, if you had conspired to commit murder and you are charged with a felony conspiracy to commit murder, you may face penalties as a person who committed actual murder.
California PC 31 - Aiding and abetting
The law prohibits encouraging or aiding a person to commit or engage in a criminal act. Note that in aiding and abetting, a person is guilty of helping or encouraging another person to commit a crime, while in accessory after the fact, a person is guilty of helping someone after they have already committed the crime. This offense is charged with a wobbler, and the principal offender is subjected to the penalties of the specific offense.
California PC 664 - Attempted Crimes
According to California law, it is illegal for a person to attempt to commit a crime. Similar to an accessory after the fact, this offense can be charged as a felony or misdemeanor. The specific punishment depends on the crime that the defendant attempted to commit.
California PC 148 - Obstruction of Justice
If you helped a person escape or avoid trial or conviction after committing a misdemeanor, for example, shoplifting, you could face an obstruction of justice charge rather than an accessory after the fact charge.
Frequently Asked Questions About Accessory After the Fact
Below are several questions to help you under accessory after the fact crime.
I unintentionally helped a person commit a felony crime. Can I be charged as an accessory if I fail to report them?
One of the key elements of accessory after the fact is helping someone intentionally, meaning if you did not intend to help them, you could not be charged as an accessory. However, once you notice that they are committing the crime, you need to stop because you commit a crime for helping a person commit a crime or after they have committed a crime knowingly. Additionally, you cannot be convicted for not reporting since the offense carries no duty to report.
I helped my relative hide evidence of a crime he had committed. He was charged with a felony which was later reduced to a misdemeanor. Will I be charged as an accessory?
You can be charged with accessory after the fact if the initial charge was a felony. Note that the charge reduction of the principal offender does not affect your charges.
I helped a friend commit premeditated murder. Will I face murder charges too?
If you had no idea they had planned to coit murder, but they requested you to help them, you can be charged as an accessory after committing the crime. You can only be charged with murder if you helped your friend plan and execute his plans. However, note that you have to be aware that they have already committed the murder for you to be charged as an accessory.
Does a conviction under PC 32 affect immigration status?
Most offenses convicted under this statute have immigration consequences. If you are a non-citizen, you risk being deported or marked invisible after a conviction under PC 32.
Is Accessory After the Fact Listed Under the Three Strike Law?
Although the law handles accessory after the fact seriously, it does not consider it a severe crime; hence it is not considered a Three strike offense. Although the offense can have long life consequences depending on the felony offense that the principal offender had committed.
Find a Los Angeles Criminal Defense Lawyer Near Me
Accessory after the fact is a severe crime that most people commit out of charity without knowing the seriousness of the offense. If you are facing charges as an accessory, it is important to have a knowledgeable and experienced criminal defense lawyer by your side. Our skilled and dedicated defense attorneys at Los Angeles Criminal Attorney have effectively helped clients charged with a similar offense before and are standing by, ready to help you fight your charges and protect your rights. Call us today at 424-333-0943.
