An accessory after the fact is any person who, after the commission of a felony, shall harbor, conceal, or aid the offender, knowing or having reasonable ground to believe that he has committed the felony, and with the intent that he may avoid or escape from arrest, trial, conviction, or punishment.
Full Answer
What is an accessory in criminal law?
An accessory is someone who was not involved or had knowledge of the crime before it was committed but becomes involved after the commission of the criminal act and knows that the criminal act took place.
What is accessory after the fact?
A principal is a person who directly commits the criminal act, or who aids and abets in the commission of a criminal act whether present or not at the time the act took place. An accessory is someone who is asked for assistance after the commission of the criminal act and does so. Specific conditions must exist in such cases, as outlined below.
Who Can Be Found Guilty of Being an Accessory After the Fact?
For you to be found guilty of being an accessory after the fact, you must meet the following criteria:
What does it mean to be an accessory after the fact?
What Does It Mean If You Are An 'Accessory After the Fact?'. When someone commits a crime, their next steps may involve trying to avoid arrest. And those who help a suspected criminal in avoiding capture or arrest can be charged as an “accessory after the fact.”. While being charged as an accessory is not the same as the charges ...
Why is it so hard to prove a felony?
This can be difficult to prove because the prosecution must show that you had actual knowledge of the crime. Just suspecting that the felony was committed is not enough. Say your spouse calls you and tells you to bring them a new change of clothes. You do, and later they are charged with a felony.
What to do if you are arrested?
If you are arrested or learn you are under investigation, the first thing you should do is contact an experienced criminal defense attorney.
What factors can work in your favor when mounting a defense?
However, some factors that can work in your favor when mounting a defense can include proving: Your absence at the crime scene. Your lack of knowledge of the crime or criminal. Your relationship (or lack thereof) you have with that person.
Can you be charged as an accessory after the fact?
While being charged as an accessory is not the same as the charges the suspected criminal is facing, it is still very serious.
Do you have to know the name of a felon?
The prosecution must also show that you knew the felon personally. That doesn’t necessarily mean knowing the felon’s name. You just have to know the identity. For example, if you see a robber escaping and decide to help them hide from the police, then you might be charged as an accessory after the fact.
What Does it Mean to be an Accessory After the Fact?
In California, it is a crime to help another person evade arrest after they commit a crime. You can face criminal charges for being an accessory after the fact, as defined in California Penal Code 32 PC, if you:
How long is accessory after the fact in California?
Felony Accessory After the Fact: A felony charge for being an accessory after the fact is punishable by 16 months, two years, or three years in a California state prison, $5,000 in criminal fines, formal probation, and/or community service.
What happens if you are accused of accessory?
If you are accused of being an accessory after the fact you can be charged with a misdemeanor or a felony. The severity of the charge will depend on the specific facts of your situation and your own history of criminal behavior.
What is the Penal Code 32?
Penal Code 32 PC states that it is a crime to “harbor, conceal, or aid” a person to help them “avoid or escape arrest, trial, conviction, or punishment.” This is a fairly broad definition that could potentially include a lot of different behaviors. Here are a few examples of behaviors that would probably make you an accessory after the fact:
What does "knowingly harbor" mean?
Knowingly harbor, conceal, or aid a person who has committed a felony;
Who was the gunman who killed two people in Monrovia?
The hunt for a gunman responsible for a fatal Monrovia shooting has come to a close. Earlier this week police arrested Jeremiah LaCroix after he surrendered himself at a Los Angeles correctional facility. LaCroix, who was also wanted in connection with a gang-related shooting, is reportedly responsible for killing one and injuring two others during a December 2nd shooting at a bar in Monrovia. Police have also arrested and charged LaCroix’s mother and father for helping their son avoid arrest after the shooting. Each parent faces criminal charges for being an accessory after the fact.
What Is Aiding and Abetting?
Aiding and abetting is playing an active role in the crime without committing the crime itself, instead providing assistance to the offender in some way. Generally, the defendant was involved either before or during the commission of the crime. A charge for aiding and abetting can come from something as simple as encouraging someone to commit a crime. This charge is treated as severely as the charge for the overall crime committed. While aiding and abetting are typically used together and interchangeably, in some states, aiding describes actual assistance in the commission of a crime, while abetting is simply encouraging someone to commit a crime, whether forcibly or not. They are, however, usually describing one act.
What is accessory to a crime?
An accessory to a crime is someone who helps the principal with the crime in some way and is usually classified as either before the fact or after the fact. Accessory before the fact will often consist of helping the criminal plan or prepare for committing the crime, but federally and in some states, this will be considered aiding and abetting, not accessory. Being accessory to a crime after the fact involves helping a criminal escape, cover up the crime, or otherwise allow the criminal to evade the law. These are typically treated slightly less severely than aiding and abetting. Additionally, someone will typically be charged with either aiding and abetting or accessory after the fact, not both.
What is accessory after the fact in Colorado?
Colorado: For Colorado, aiding a criminal is accessory after the fact when the defendant helps the criminal evade arrest, hides them, warns them, provides them with money, transportation, or a disguise, or hides or destroys evidence. If the crime is a class 1 or 2 felony, accessory after the fact is a class 4 charge with two to six years in prison ...
How much is accessory after the fact in Louisiana?
Louisiana: An accessory after the fact in Louisiana, someone who knows that a felony has been committed and in some way helps the offender avoid being caught, is punishable by up to five years in prison and up to a $500 fine. This will not exceed half of the punishment that the principal of the crime is receiving for committing the crime.
How long is aiding and abetting in Idaho?
It also provides for a crime of aiding and abetting in election offenses, providing a punishment of six months in a county jail or two in a prison.
What is the difference between aiding and abetting?
While aiding and abetting are typically used together and interchangeably, in some states, aiding describes actual assistance in the commission of a crime, while abetting is simply encouraging someone to commit a crime, whether forcibly or not . They are, however, usually describing one act.
What is the charge for accessory in Louisiana?
These are just misdemeanors, however, with only a fine of no more than $500 or a prison sentence of up to five years, or both.
What is a wobbler offense?
A violation of Penal Code 32 is a wobbler offense. This means a prosecutor can charge it as either a misdemeanor or a felony depending on:
What is a wobbler offense in California?
was a mere bystander to the crime. Penalties. Under California criminal law, a violation of California Penal Code Section 32 PC is a wobbler offense.
What is the California Penal Code for Bigamy?
California Penal Code Blog Posts: Bigamy, Incest, and Other “Marriage Crimes” in California. Updated January 8, 2021 Penal Code 32 PC is the California statute making it a crime to be an accessory after the fact. This is a person who harbors, conceals, or aids someone else with knowledge that this other person committed a felony, ...
What is the Penal Code 32?
A former D.A. explains Penal Code 32. Penal Code 32 PC is the California statute making it a crime to be an accessory after the fact. This is a person who harbors, conceals, or aids someone else with knowledge that this other person committed a felony, and does so in order to protect the other person from arrest, trial, conviction, or sentencing.
What does it mean to help someone financially who committed a felony?
Helping someone financially who committed a felony is acting as an accessory after the fact.
What is the penalty code for attempting a crime?
Penal Code 664 PC is the California statute that makes it a crime for a person to attempt to commit a criminal act. As with being an accessory after the fact, attempting a crime can be charged as either a misdemeanor or a felony.
What does it mean when a defendant hid or aided the person?
the defendant knew that the person committed, was charged with, or was convicted of a felony, after the felony was committed or charged, the defendant hid or aided the person, and. the defendant did so to help the person avoid arrest, trial, conviction, or punishment.
