Undoubtedly, being under investigation or arrest as a suspect in a criminal case can be a terrifying experience, especially when you are not the person who directly committed the crime. According to aiding and abetting laws codified under Penal Code (PC) 31, the prosecutor can file criminal charges against you even if you did not directly commit the alleged unlawful act.
Upon conviction under this statute, your penalties could include hefty fines and lengthy jail time. However, an arrest as a suspect in any criminal case does not mean a conviction is inevitable. With the help of a skilled and aggressive attorney, you could avoid a conviction or secure a lighter sentence for your offense.
If you are under arrest or have pending PC 31 charges, your attorney can offer you legal guidance and help you navigate the complex legal process to secure a favorable outcome.
Aiding and Abetting Crime at a Glance
Assisting a primary perpetrator in executing his/her unlawful act is a crime because it helps the offender avoid legal penalties for his/her offense. According to PC 31, you commit the aiding and abetting offense when you facilitate, aid, or encourage another person to commit a criminal offense.
In other words, if you knowingly facilitated, encouraged, or helped another person commit a crime, the court will hold you equally liable as the person who directly committed the offense. However, it is worth noting that a PC 31 charge is not a separate offense by itself.
Instead, it is a theory of liability that helps the prosecution team charge accessories and accomplices with the same underlying crime as the actual offender. Even minor acts of aiding that you never thought were illegal could attract PC 31 charges. Hence, working with a skilled defense is vital if you are under investigation or charged with a PC 31 offense.
Your defense attorney will thoroughly investigate your case to find weaknesses in the prosecutor's evidence against you and prepare defenses to help you secure a favorable outcome in every stage of the prosecution process.
Examples of Acts That Could Attract PC 31 Charges
There are various ways you can commit a PC 31 offense. Even minor acts could attract PC 31 charges based on the facts of the underlying offense. Understanding and comprehending what the court considers a crime under PC 31 can help you build your defenses if you are under investigation as a suspect in any criminal case. Below are examples of acts that could qualify as a crime under PC 31:
Obstructing Eyewitnesses or Any Other Person
One way to commit a PC 31 offense is to obstruct a person or eyewitness who could alert the police about unlawful activity. For example, you can obstruct an eyewitness by forcefully detaining him/her in an apartment to prevent him/her from accessing the crime scene or contacting the law enforcement authorities.
Serving as a Lookout During the Commission of a Crime
Acting as a lookout or a lookout during the commission of a crime to prevent perpetrators from being detected or arrested is another act that could attract criminal charges under PC 31. Your role as a lookout or lookout during the commission of an offense ensures the perpetrator's mission is successful.
Therefore, if you are under investigation for being on the lookout during the commission of a crime, like a burglary, you should prepare evidence to challenge the allegations to avoid a conviction under PC 31.
Keeping Your Car's Engine Running
Offenses like carjacking, robbery, and burglary often involve a quick sequence of activities, making it necessary to keep a car's engine running and ready to leave the crime scene. Most criminals do that to lessen their odds of being recognized or arrested.
To secure a conviction against you for a PC 31 violation, the prosecutor can argue that you helped the perpetrators escape a police arrest by keeping your or their car's engine running.
Driving off the Getaway Vehicle
If you were the person behind the wheel of the vehicle that perpetrators used to leave the crime scene, the prosecutor could secure a conviction against you under PC 31. Your involvement, regardless of the distance moved, can distract the police's ability to arrest the perpetrators of the offense.
Providing Tools or Weapons to Commit an Offense
Another act that can attract PC 31 charges is providing perpetrators with tools and weapons to commit a crime. If the prosecution team can prove that you provided perpetrators with firearms or any dangerous weapon and were aware they would use them to commit a crime, you would be guilty of a PC 31 violation.
As you can see above, various acts or conduct could make you criminally liable under PC 31. That is why having a skilled attorney in your corner is vital if you are in police custody on suspicion that you are an accomplice in a criminal case. A seasoned attorney will know how to spot weaknesses in the prosecutor's evidence against you and build the best defenses to help you secure a favorable outcome.
What the Prosecution Team Must Prove to Secure a Conviction Against You Under PC 31
The prosecution team must prove the following facts beyond a reasonable doubt to secure a PC 31 violation conviction against you:
You Knew of the Perpetrator’s Unlawful Plan
Whether or not you were aware of the primary perpetrator's plan is a factor that can influence the prosecutor's decision to file PC 31 charges against you. If the prosecution team can prove you knew of the perpetrator's plan and failed to inform the police, the court could convict you for a PC 31 violation.
You Intentionally Helped, Encouraged, or Facilitated the Perpetrator's Plan
You could be guilty of a PC 31 violation if the prosecution team can prove that you intentionally helped, encouraged, or facilitated the perpetrator to commit the underlying offense. For the sake of PC 31, “helping” means providing support or contributing to the perpetrator's unlawful actions to aid them in achieving their goals.
For example, willingly agreeing to carry burglary tools or equipment to the offense scene will qualify as “aiding” under PC 31. On the other hand, encouraging means providing the perpetrators with new information or ideas to motivate them to commit the offense.
The prosecutor could also argue that you facilitated the perpetrator to commit the offense by offering him/her financial assistance to help him/her execute the plan.
You Helped or Contributed to the Development and Creation of the Unlawful Plan
You could be guilty of a PC 31 violation if the prosecution team can prove that you aided in developing the illegal plot even though you did not participate in its execution.
You will not be guilty of a PC 31 violation if the prosecutor cannot provide adequate evidence to prove the above facts beyond a reasonable doubt.
Factors the Prosecutor Will Consider When Determining Whether You Were an Accomplice
The accomplice theory will apply if you are under arrest or charged with a PC 31 violation. The prosecutor will not file PC 31 charges against you if you are under investigation for any criminal offense. Instead, the prosecutor will file the underlying charges against you and present this case on the legal theory that you were an accomplice.
When determining whether you were an accomplice, the court will consider various factors, including (but not limited to) the following:
- Whether you were present at the crime scene
- Whether you were a companion to the primary perpetrators
- Your conduct or behavior before and after the crime
It is worth noting that, even if you were not at the crime scene, you could be guilty under the aiding and abetting or accomplice liability legal theory.
When you are under investigation as an accessory or accomplice to a crime, your attorney can raise various legal defenses to challenge the allegations. Below are some of the common legal defenses your attorney can use to challenge a PC 31 charge for the best possible outcome:
You Did Not Aid, Facilitate, or Encourage the Offense Commission
The court cannot convict you of a PC 31 violation if you did not facilitate, encourage, or aid in the commission of the offense. For instance, if you are a passenger in your friend's car and he and two other passengers decide to rob a store or commit any other crime without your knowledge, the court will not convict you for a PC 31 violation.
You are a Victim of False Accusations
Even judges understand that the primary perpetrators can accuse you of being the brains behind the crime to avoid prosecution for the offense. Additionally, someone motivated by jealousy or vengeance can accuse you of facilitating or encouraging the commission of an offense to satisfy his/her interests.
An experienced attorney will know how to conduct a thorough investigation and question eyewitnesses to build defense arguments that can help prove you are a victim of false accusations to secure the best possible results.
You Withdrew Your Involvement in the Offense
It is possible to challenge a PC 31 charge by arguing that you decided not to participate in committing the illegal act. Below are different ways you can withdraw your involvement or participation in an unlawful activity:
- Letting your fellow accomplices know of your intentions to withdraw your involvement
- Doing everything you can to prevent the perpetrators from committing the crime, including alerting the police
The court could drop or reduce your charges if your attorney can support this defense argument using appropriate evidence, including eyewitness testimonies.
You Had No Legal Duty or Obligation to Act
You could be aware that a crime is about to occur, but you choose not to do anything to prevent it. In this situation, it does not necessarily mean you are an accomplice. You would only be guilty under PC 31 if you were legally obligated to prevent the offense from occurring.
The court will assess the facts of your case to know whether you had the legal duty to prevent the occurrence of the crime. You would not be guilty of a PC 31 violation just because you knew about the underlying offense.
You Committed the Offense Under Duress
Your attorney can argue that you did not intend to participate in the commission of the underlying offense and only did so because you were forced or threatened to do so. If someone coerced or forced you to participate in committing the underlying offense, the court will not convict you for a PC 31 violation.
Your involvement in the Crime Occurred After its Commission
According to PC 31, assisting the perpetrators after committing the offense does not make you an accomplice in that particular crime. However, the prosecutor could file PC 32 charges against you for accessory after the fact. Fortunately, the penalties for a PC 32 violation conviction are lighter than those for a PC 31 violation conviction.
Potential Penalties and Consequences of a PC 31 Violation Conviction
Upon a PC 31 violation conviction, you will receive the same penalties as the principal or primary offender. That means the severity of the penalties you will receive will depend on the nature and the facts of the underlying charge. Generally speaking, a PC 31 violation conviction could attract felony or misdemeanor penalties based on the facts of the underlying crime.
However, a charge for being an accessory after the fact under PC 32 will attract the following penalties upon conviction:
- A jail term of up to one (1) year
- A fine not exceeding $5,000
- A jail term of up to three (3) years if your offense is a felony
Generally, the legal penalties for these offenses depend on the natural and probable consequences inherent in your case. In other words, the judge will consider the facts of the crime committed and surrounding circumstances to determine the penalties you should receive for your conviction.
In addition to the above legal penalties, a PC 31 violation conviction could carry other collateral consequences that could affect your personal and professional life even after serving your sentence. Aside from affecting your reputation, having a criminal record for a PC 31 violation could make it challenging to secure reliable employment or a professional license to pursue your career.
Why You Require a Defense Attorney if You Have PC 31 Charges
The potential impacts of a PC 31 or 32 violation conviction make it vital to retain the services of a skilled attorney when you are under investigation or arrested on suspicion that you abetted or aided in the commission of an illegal act. Below are different reasons why it is critical to work with an attorney if you are under investigation, arrest, or have pending PC 31 charges:
He/she Has Knowledge of the Law
PC 31 is a complex statute that could break or make your case. Having an experienced defense attorney who understands this law on your side is advantageous in various ways. An experienced attorney will know how to identify weaknesses in the prosecutor's evidence against you and raise appropriate legal defenses to help cast doubt on his/her case against you for the best possible outcome.
He/she Has Trial Advocacy and Negotiation Skills
A skilled attorney can negotiate with the prosecutor to offer you a favorable plea bargain. However, in exchange for a favorable plea bargain or a reduced charge, you have to be ready to accept that the allegations you are up against are true. A skilled and seasoned attorney will know how to negotiate with the prosecutor to secure a favorable outcome.
He/she Has Access to Resources
Building and crafting defenses to challenge a PC 31 charge could require extensive resources, including private investigators and expert witnesses, which your attorney will have access to. With an experienced attorney, it would be easier to access these resources to help build the best legal defenses to challenge the allegations you are up against for the best possible outcome.
He/she Will Offer You Personal Attention and Legal Counsel
Even if it is not your first arrest, being in legal custody or under investigation as a suspect in any crime can be stressful. That is why you require a skilled and compassionate defense attorney who will give you the emotional and legal support you need during these challenging times.
To stand a chance of securing the best possible outcome when you are under arrest or investigation as an accomplice of any crime, you should ensure the attorney you decide to work with is:
- Credible and reputable
- Qualified and experienced
- Available and accessible
- Legally-licensed
Find a Skilled Criminal Defense Attorney Near Me
The sooner you retain the services of an attorney if you are under investigation or charged with any crime, the higher your odds of securing a favorable outcome, including dismissal of the case or a lighter sentence.
If you are under investigation or charged with aiding and abetting offense under PC 31, our profound defense attorneys at Los Angeles Criminal Attorney can help. We invite you to call us at 424-333-0943 to discuss your case with our understanding attorneys.
