What is the Accessory to a Crime?

Being accused of a crime is a life-changing experience, but you do not have to commit the crime to be subject to punishment. Under California law, being an accessory means helping, assisting, or covering up for someone who has committed a crime. Being charged as an accessory to a crime differs from participating in the crime but carries hefty penalties.

What does it mean to be an accessory to a crime? Is it always illegal to help a friend who committed a crime? What behavior does California consider unlawful, and what is the penalty? These are questions anyone facing an arrest could have, and this article answers them. The blog also explains the legal elements, the penalties, and what defenses you can raise to protect your rights.

Elements Of Being An Accessory To A Crime

In California, if you are an accessory to a crime, you must have more than an association with someone who has committed an offense. It shows explicitly an intent to help or protect the perpetrator from justice. Section 32 of the California Penal Code states the legal criteria for proving a person to be an accessory to a crime.

The elements prosecutors must establish are:

• You knew or had reasonable cause to know that the crime was being committed or had been committed. For example, when a friend admits to robbing a store and asks for your help, you may need to know that the activity was criminal to decide whether you are liable.
• You must have knowingly assisted, harbored, or concealed the offender. Here, you deliberately attempted to avoid detection, arrest, trial, or punishment of the offender. For example, helping someone elude arrest by hiding them in your home or using their false identification is aiding or harboring under the law.
• Your action must be directed to aid the offender to avoid arrest, trial, or punishment. Here, intent is key. If you do not know someone has just committed a crime, you cannot be considered an accessory if you unwittingly give them a ride.
• The offender had to have committed a felony. You cannot be charged as an accessory if the principal offense is a misdemeanor. This distinction ensures accessory charges match the crime they are attached to.

Examples

Below are examples of how someone can be accused of accessory charges in California, whether by accident or on purpose.

1. Your close friend arrives at your doorstep at night, distressed and covered in dirt. They admit to committing burglary and want to stay at your house for the night. If you agree to shelter them and clean their clothes, you could be charged as an accessory after the fact.
2. A coworker asks you to put a box in your garage at work. You later find out that it contains stolen goods from a robbery they just committed, but they say it contained personal items. However, if you do not report this discovery and continue to store the items, your inaction could still be considered an accessory, even if you knew or should have known about the stolen property.

Not all help results in criminal charges. What if someone unknowingly aids and is unaware of the underlying crime? For example, if you drive a friend and you do not know they have just committed a felony, you cannot be an accessory under California law if you do not know.

Difference Between An Accessory And An Accomplice

An accessory aids or encourages the commission of a crime but is not present when the crime is committed at the scene. As discussed earlier, an accessory can be part of the planning or helping in the commission of a crime, but they do not participate in the crime itself. Helping someone escape justice or prepare the ground for a crime is just as harmful to society as committing the crime itself.

On the other hand, an accomplice directly participates in the commission of a crime. The crime is carried out with the help of accomplices, who are present during the crime and are actively engaged in carrying it out by carrying out a part of the crime or helping the principal offender in some way. For example, if you are standing there when a robbery happens and provide a getaway car for the robbers, you are an accomplice to the robbery.

Involvement is the significant difference between an accessory and an accomplice. An accessory plays a more passive or indirect role before or after the fact, while an accomplice actively participates in the crime. Accomplices are treated more harshly legally because they are seen as more directly involved in criminal activity and are viewed as co-conspirators.

If you are an accomplice to a robbery, you could be charged with and sentenced to the same as the person who committed the robbery. However, an accessory may be hit with fewer charges or penalties, depending on what happened and whether they were a part of the crime before or following it.

An Accessory After The Fact/Offense

If you are accused of being an "accessory after the fact" under California PC 32, you helped someone who has already committed a crime. This assistance usually involves efforts to keep the offender from being caught, tried, or punished. Simply put, you are there after the crime commission. The law punishes you for helping the offender get out of being punished.

To be charged as an accessory after the fact, particular elements must be present, including:

• The perpetrator committed a felony. The offense must be a felony, not just a misdemeanor.
• The accused knew a crime had been committed. You knew that a crime had occurred, and that was not based on suspicion or assumption.
• You assisted or helped the person after the crime. You can help in many ways, such as assisting the offender to hide, escape, give them a safe house, or destroy evidence.
• You acted with the intent to help the offender avoid capture. Here is where intent comes in. If your actions were intentional or unintentional, the prosecution might not prove you were trying to obstruct justice. It must be clear that you intend to help the offender evade.

You could be convicted if the prosecution can prove all these elements beyond a reasonable doubt.

Possible Sentencing

Penalties for violating PC 32 could include up to three years in prison. The sentence might differ depending on the circumstances of the case, such as your involvement in the crime or your criminal record.

Legal Defenses

 Several defenses can help reduce or eliminate the charges against you. These include:

• You Had No Knowledge. If you do not know what is happening, you cannot be charged as an accessory after the fact. A solid defense is a lack of awareness, but this has to be proved by clear and convincing evidence.
• You Acted Under Duress. If you were forced to assist the criminal because you were threatened with violence or some other form of pressure, you could use duress as your defense. When you acted in such cases, you were acting out of fear for your safety, not out of a desire to help the perpetrator escape justice. A powerful defense is a duress, but it has to be proven with evidence that the threat was real and imminent.
• You Are a Bystander. Another valid defense could be if you were a mere bystander without involvement in the crime. For example, if you unknowingly helped someone escape from capture but did not know that person was avoiding capture, the court may consider your actions unintentional interference with law enforcement.

Accessory Before the Fact Or During The Offense

Being an 'accessory before the fact or during the offense' is much more serious than helping someone after the crime commission. In these cases, you are accused of assisting someone to commit a crime before or during the commission of the crime. California law takes this accessory involvement seriously, as it is considered more direct and intentional.

Someone who aids, abets, or encourages the commission of a crime before it is committed is an 'accessory before the fact.' This assistance can take many forms, like providing information, aiding in planning, supplying weapons or tools, or encouraging someone to commit the offense. Even if you are aware of or witnessed the crime, that does not make you an accessory before the fact. Your actions must have played an active part in facilitating the crime by your words, actions, or material support.

Is Being An “Accessory Before The Fact” The Same As “Aiding And Abetting”?

These terms are often used interchangeably, but the law does not consider them the same. Aiding and abetting is active help in committing a crime, before or during the crime. An accessory before the fact, however, does not merely mean someone is present when the crime is committed. It also refers to those involved in the planning or preparation stages. That is to say, all Accessories before the fact are considered to have aided and abetted the crime, but not all who aided and abetted are Accessories before the fact.

Possible Punishment

In California, an accessory before the fact can be punished like the person who committed the underlying crime. That means you could be sent to prison for the same length as the person who committed the crime, depending on the seriousness of the offense.

Therefore, if you helped someone convicted of a felony with a 10-year prison sentence, you could find yourself in the same sentence. The level of punishment you receive is based on the degree of involvement and the type of crime you were involved in.

Factor Influencing Penalties in California

The court may also impose fines, probation, or other forms of restitution in some cases, depending on the severity of the crime you were involved in and your level of involvement. More severe penalties may apply if your actions allow someone to avoid capture after committing a violent crime such as murder or robbery because of the impact on public safety.

The penalties for being an accessory vary depending on several things, including whether you were involved before or after the crime. For example, accessories before the fact can also carry significant penalties, but not necessarily as large as those of accomplices. Penalties may be reduced, however, where you can demonstrate you were coerced or were unaware a crime was being committed.

If you were coerced into committing the crime or did not know you would commit a crime, the court may consider these factors when deciding the sentence. Defenses do not automatically dismiss the charges but can result in a lesser sentence or reduced charges.

Legal Defenses

In addition to the nature of your involvement, such as before, during, or after the offense, how you are accused of being an accessory to the crime can significantly affect which legal defenses might apply to your case. Defenses your lawyer could use are:

Lack of Knowledge

1. Accessory Before or During the Offense

Lack of knowledge can be a powerful defense if you are accused of assisting a crime before or during its commission. For example, if you gave aid to someone assuming that their actions were legal, such as loaning them a vehicle, money, or equipment, and you did not know they would commit a crime, you could argue that you did not know.

Such cases require the prosecution to prove that the defendant knew or should have known that a crime was being or was about to be committed under California law. If your actions were ignorant, you were an accessory before or during the offense.

2. Accessory After the Offense

Lack of knowledge is still an effective defense in the context of an accessory after the offense. For example, you could have helped someone who had already committed a crime by hiding evidence or helping them avoid arrest. You would defend your involvement because you did not know they were involved in a crime. You cannot be charged with being an accessory after the fact unless you see a crime occurred.

You Acted Under Coercion or Duress

1. Accessory Before or During the Offense

Duress is an ideal defense if you were coerced into helping in a crime before or during its commission. So, if you were forced to commit a crime against your will, such as under the threat of causing harm to you or your loved ones, you could argue you did not participate in the crime.

For example, if you were forced to commit a crime because you would otherwise be beaten, the court would recognize that your actions were not voluntary but in response to immediate and unlawful pressure.

2. Accessory After the Offense

If you have been threatened after a crime has been committed, and the person who threatens you with harm wants you to help them avoid capturing or hiding the evidence, that is considered a crime of coercion. In situations like this, you might say that your actions, for example, offering shelter or destroying evidence, were not your own volition but rather a result of fear of retribution. Your defense lawyer can prove that the threat you faced was immediate and that you reasonably believed you had no choice but to comply.

Bystander Defense

1. Accessory Before or During the Offense

Someone accused of being an accessory before or during the crime is less likely to have the bystander defense apply to them because it is based on the theory that you were a passive observer of the crime. However, it could be applicable if you were only present at the crime scene without helping or encouraging. For example, you were with someone who decided to carry out a crime, but you did not help or take part. You could say you were a bystander and did not participate in the crime.

2. Accessory After the Offense

If you were not part of the crime but witnessed it and did not help the perpetrator intentionally, you can say that you were just present and not involved in any way. For example, if you accidentally drove someone you didn't know had committed an offense away from a crime scene without knowing what had happened, you could argue that you were a passive bystander and accidentally became involved afterward. The bystander defense is difficult to prove because your subsequent actions might still show complicity, but it might apply if you did not intend to aid in the crime.

Find an Experienced Criminal Defense Lawyer Near Me

Being an accessory versus an accomplice is a distinction that can make a big difference in the outcome of your case if accused as an accessory before or after the fact. The penalties are severe, but you can fight the charges with a solid legal defense. An experienced criminal defense attorney can help build strong defenses to counter the prosecution’s claims.

At California Criminal Lawyer Group, we defend defendants charged as accessories to crimes in San Jose. Our experienced team is dedicated to offering personalized, strategic defense solutions for your case. Call us at 408-622-0204 for a confidential consultation.