Being an accessory to a crime means that you helped the perpetrator prepare and plan the crime or you aided them in the cover-up. If you know that another person plans to commit a crime and you help them prepare or encourage them to violate the law, you risk an arrest and criminal charges for being an accessory before the facts. In California, accessory after the fact is treated the same way as aiding or abetting. Under California Penal Code 31, aiding or abetting attracts Legal penalties that are similar to those of the underlying offense.
This means that if you are an accessory before a serious crime like murder or robbery, you risk spending fifteen years to life in prison. If you or your loved one faces criminal charges for being an accessory before the fact, you will need the insight of an aggressive criminal defense attorney. A skilled lawyer can investigate the different factors of your case and help you build a solid defense against your charges.
Understanding Accessory Before the Fact in California
You are considered to be an accessory before the fact when you help another person commit a crime, or you act in a way that enhances their criminal activity before the crime occurs. Some states, like California, charge the offense as aiding or abetting a crime under California Penal Code 31. Legally, aiding and abetting means providing the assistance that a criminal needs to continue the crime. Doing or saying something encouraging further criminal activity will attract penalties and charges under this statute.
Under California PC 31, all persons involved in committing a crime are treated as principles regardless of their presence or absence at the crime scene. This means that accessories before the fact are prosecuted and similar to the person who committed the crime. Some of the ordinary acts that could constitute accessory before the fact include:
- Being on the lookout as someone commits a crime
- Driving someone to commit a crime
- Offering information to someone knowing that they will use this information to commit a crime
- Assisting in a kidnapping or rape
- Directing a vehicle on a particular road with the knowledge of a preplanned carjacking
Before you can be convicted for aiding or abetting a crime, the prosecution must prove the following elements beyond a reasonable doubt:
- Another person committed a crime. You cannot be charged as an accessory unless another person faces criminal charges for committing the crime.
- You knew about the principal’s intent to commit the crime. The first step in ascertaining that you helped a person commit a crime is your knowledge of their criminal intentions. The jury determined whether or not you knew about the plan to commit a crime after listening to the evidence presented by the prosecution. Additionally, testimony from your co-defendants and witnesses could solidify the claim that you knew about the criminal plan.
- You intended to facilitate, help or encourage the commission of the crime. Your criminal intent is a vital part of the prosecution for being an accessory to a crime. Criminal intent, in this case, means that you facilitated injuring another person or deprivation of property. The prosecutor must also show that you intentionally and knowingly contributed to the planning or instigation.
- Your actions or words instigated or abetted the other person’s criminal conduct. The final element that constitutes aiding and abetting a crime is that you offered some assistance in the commission of the crime. Additionally, the perpetrator of the criminal act must have relied on your advice or contribution to commit the crime. Some factors that could help determine your role in the offense include companionship with other principals or your conduct before and after the crime.
Sentencing and Punishment for Being an Accessory Before the Fact
If you help someone prepare for a crime, you are referred to as an accessory before the fact. During sentencing, there is no distinction between the person who commits a crime and the accessory before the fact.
Therefore, you will face similar penalties for assisting a person who attempts to commit a crime. For example, if you aid someone in committing a robbery, they will be charged with a felony or a misdemeanor. Although you will be charged with aiding or abetting instead of theft, you both could face a fifteen-year prison sentence.
Defenses Against Aiding or Abetting a Crime
California is one of the states where accessory after the fact is charged and treated, similar to aiding or abetting a crime. The stakes are high when you face these charges since the penalties you face will depend on the underlying offense. Therefore, you must begin to fight the charges as soon as you face the arrest. Some of the defenses you can use against these charges include:
No Participation
One of the elements that the prosecution must prove when establishing your guilt for this offense is your contribution in encouraging or aiding the alleged perpetrator to commit a crime. If you did nothing to help or facilitate the commission of the crimes, you could not be found guilty. Numerous possibilities could be misinterpreted as your participation in the crime.
For example, if you ride with friends, the driver stops at a convenience store to commit a robbery. You may be viewed as an accessory to the robbery even when you do not know their intention of stopping. Fortunately, being present when a crime is not enough to prove that you were an accessory to the crime.
You Acted Under Duress
Under California law, duress is a defense where you assert that you committed an illegal act because you were coerced or threatened. If you were compelled to help another person commit a crime out of your will, you could use this defense against charges of accessory before the fact. When you use the duress defense, you must establish the following elements:
- Another person issues a threat of severe bodily injury or death against you. You can only use this defense if the threat against you is immediate. Justification based on past or foreseeable violence is unacceptable.
- You had a reasonable fear that the person would carry out their threats against you.
- You lacked a reasonable way to avoid harm but committing the criminal act.
You must understand that the burden of proof to justify duress falls on you and your legal team. However, you do not have to prove the facts beyond a reasonable doubt. You could not claim duress if you were threatened with a minor injury. Additionally, this defense does not apply to all criminal charges. You cannot use coercion to justify your actions if you face charges for abetting or aiding a murder.
False Accusations
Often, perpetrators of a crime may attempt to evade responsibility for their actions by pointing the finger at others. No physical evidence is needed to prove to aid or abet a crime. Therefore, most charges for this offense are based on baseless or false accusations. Other motives that could drive someone to accuse you of this crime falsely are anger, jealousy, anger, or revenge. If you are a victim of false accusations, your defense attorney can investigate your case's facts and uncover the scheme.
Yours is a Case of Mistaken Identity
Being an accessory before the fact involves driving a criminal to the crime scene or acting as a lookout as the person engages in criminal activity. Since most crimes occur during the night or in a secluded area, you may be mistakenly identified as the person who aided the commission of the crime. A skilled criminal attorney can prove your innocence by presenting an alibi at the time of the crime.
No Duty to Act
Although it is a crime to encourage or help someone commit a crime, you have no legal obligation to stop it. Being present when a crime occurs does not impose a duty upon you to report or block the act. Therefore, knowing that another person will commit a crime is insufficient evidence to ascertain that you aided or abetted the crime. You can defend against your charges by arguing that you had mere knowledge of the plan but were not part of it or did not do anything to facilitate the commissioning of the crime.
Lack of Knowledge of the Crime
Before a conviction for aiding or abetting a crime, the prosecution must prove that you knew of the principal’s intention to commit a crime. There are scenarios where you could help a person commit a crime unknowingly. For example, you may offer information about a person's whereabouts without knowledge that the person seeking the report intends to rob their home. You can avoid a conviction for being an accessory before the fact by arguing that you did not know the other person's intent to commit the crime. Otherwise, you wouldn’t have offered your assistance.
Withdrawal from Participation
You could have a valid defense against aiding or abetting a crime by showing that you withdrew from the role of assisting in the commission of the crime. If you want to rely on this defense for your case, you must prove that:
- You notified the individuals involved in the crime of your withdrawal. If you agree to participate or help in planning a crime, you can only avoid criminal liability by showing that the other individuals were aware of your withdrawal.
- You did everything possible to prevent the crime. Another element that must be clear for an effective defense is that you tried everything you could to ensure the crime did not occur. Walking away from a crime is not enough to prove your withdrawal. You must have taken steps like informing the authorities about the offense that is about to be committed.
After listening to your arguments, the jury determines whether your explanation of withdrawal from the crime is satisfactory.
Accessory After the Fact Defense
You are an accessory after the fact if you help a criminal escape from the police or avoid an arrest after committing a crime. This could include hiding the person in your home or driving them away.
As an accessory after the fact, you will not be treated the same as the person who committed the crime. If there is evidence proving that you helped a criminal, you can argue that you played a role after the commission of the crime.
Although this defense will not help you avoid criminal liability, you will be charged and convicted for a lesser offense of accessory after the fact. When an accessory after the fact is charged as a misdemeanor, you will only serve a year in jail or avoid incarceration through probation.
Frequently Asked Question on Bing an Accessory Before the Fact in California
Facing an arrest and criminal charges for aiding or abetting a crime can be nerve-wracking, especially when you realize that you will be treated similarly to the principal of the crime. The laws around aiding or abetting are complex and could be confusing. Understanding what the law says about your actions is critical in planning your defense. The following a frequently asked questions on Penal Code 31:
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Is aiding and abetting a crime?
Aiding or abetting is not a crime in itself. Instead, it is a theory that argues that you intentionally facilitated the commission of a crime. An accessory before the fact is the person who helps in the planning stages of the crime and encourages another person to act criminally. Your presence at the time of the crime is not necessary to charge you for being an accessory before the fact.
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How can a prosecutor prove that I was an accessory to the crime?
If you face an arrest for aiding a crime, the prosecution must prove beyond a reasonable doubt that you knew about the other person’s intentions. Additionally, it must be clear that you helped them plan the crime or encouraged the commission of the criminal acts.
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If I aid in committing one crime and the principal commits multiple crimes, can I be convicted for all their crimes?
With the justification of natural and probable consequences, the prosecution can charge you with being an accessory to all offenses committed by the principal. A principle in this is an individual facing charges for the crime you aided or abetted. A natural and probable consequence is the foreseeable consequences that a reasonable person would know.
Therefore, if you aid a person in committing a crime like a robbery and a person brandishes a weapon, you can be charged with accessory to robbery and firearm charges. In your case, the jury will consider all the evidence presented to find a natural and probable consequence of your actions.
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Can I be charged with both accessories before and accessories after a crime?
Yes. Direct or indirect involvement in criminal activities could result in severe legal consequences. However, you must understand that you cannot bear criminal liability for unknowingly protecting or helping a criminal. If the elements proving accessory before and after the fact are clear, you can be charged and convicted for both offenses. In cases where the underlying offense is severe, you risk facing serious and life-long consequences.
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How Does Accessory Before the fact Differ from Accessory After the Fact?
You face an arrest and criminal charges for being an accessory before the fact if you aid a person in committing a crime. Often, your criminal liability is based on your actions before the crime. In California, being an accessory before the fact is treated as abetting or aiding a criminal. On the other hand, being an accessory after the fact means that you help a person after they commit a crime. Some of the examples of being an accessory after the fact under California Penal Code 32 include:
- Driving a getaway vehicle after a robbery
- Providing an alibi for someone who faces criminal charges
- Helping a criminal suspect to escape arrest
Unlike an accessory before the fact, being an accessory after the crime is a wobbler. This means that the prosecution can file misdemeanor or felony charges. The penalties for being an accessory after the fact are less severe than abetting or aiding a criminal.
Find a Skilled Los Angeles Criminal Lawyer Near Me
When a crime occurs in California, the police and prosecutors want to investigate any person connected to the crime. Helping or encouraging someone before committing a crime is as serious as committing the actual offense. An accessory before and after a crime differs because PC 32 is charged against individuals who help conceal a crime.
In California, you will face the same penalties as the perpetrator of the crime if you aid or abet them in committing it. This could result in serious and life-changing consequences. Fortunately, not all arrests attract a criminal conviction. There is a variety of defenses you can present against the charges and avoid a conviction.
Hiring a knowledgeable criminal defense attorney is critical when you face charges for being an accessory before the fact. At The Los Angeles Criminal Defense Attorney, we offer reliable legal guidance and representation to all our clients battling criminal charges in Los Angeles, CA. Contact us today at 310-564-2605 to discuss the details of your case.
