When a person you know commits murder or is about to commit murder, you could face serious criminal charges if you try to help them in any way. California law requires you to cooperate with law enforcement officers in stopping a crime or arresting an offender. Thus, you are to report the crime immediately after learning about it, whether before or after its commission. Sadly, many people do not do so for various reasons. It could be that the offender forced you to help them, or that you did not know that the person was about, or had just committed a grave offense.
If you face charges for being an accessory for murder in Van Nuys, CA, it is essential to know what it entails and how to defend yourself in court. You also need proper legal representation and support to plan a solid defense against your charges. Talk to an experienced criminal defense attorney for help in fighting your charges.
What ‘Being an Accessory to Murder’ Means
People who commit serious criminal offenses like murder do not wake up and execute the offense one day. They take time to plan for it and only act when the plan is ready for execution. These people will likely tell one or more people about their plans consciously or unconsciously. Some offenders will probably speak about it after committing the offense, mainly to a close friend or family member. Sometimes they disclose their intentions or acts to seek help. For instance, the offender could need help accessing the victim’s home office or fleeing from the murder scene.
Once the police start investigating the crime, the offender will likely flee or lie low. They will also need help hiding the murder weapon or any discriminating evidence. Thus, the offender could seek the help of a family or friend and will likely disclose the fact that they have committed murder. Anyone who knowingly assists a felony offender before or after the execution of an offense is guilty of being an accessory to the felony and could face felony charges under California law.
Being an accessory to murder means assisting or helping a murder perpetrator before and/or after committing the offense. It does not necessarily mean that you were present during the offense's execution or you participated in the crime. You could help the offender by allowing them to remain in your home as the police hunt intensifies. You could also face charges for assisting the offender in acquiring a weapon like a gun or getting away from the murder scene. Whatever you do to help another person commit murder will be considered a serious criminal offense, punishable by a lengthy prison time and hefty fines.
Being an accessory is a criminal offense under California laws, whereby a person helps in committing a felony. You could be an accessory in two ways:
Before the Fact
You become an accessory to murder before the fact if you assist in the planning and executing the murder. Anything you knowingly do to help a person commit murder will qualify as aiding before the fact. You could do this in many ways, including ferrying the perpetrator to the murder scene, luring the victim to the murder scene, helping the perpetrator acquire the murder weapon, obtaining information that could help the perpetrator plan for the murder, or simply helping with planning the murder.
Prosecutors charge the offense as aiding and abetting a crime, as under California PC 31. The law prohibits anyone from inciting, encouraging, aiding, or facilitating the execution of a crime. A person guilty of aiding and abetting the execution of a crime faces the same sentence as the offender.
After the Fact
An accessory to murder after the fact is anyone who helps or assists the defendant after they have already committed the offense. You could do this by hiding the perpetrator to make it hard for the police to arrest them, helping the defendant dispose of the murder weapon and other paraphernalia, helping with destroying evidence, cleaning the murder scene, or even knowingly lying to the police about the suspect’s whereabouts.
Being an accessory to murder after the fact is prosecuted under California PC 32. The law prohibits a person from knowingly concealing, aiding, or harboring a felon to protect them from an arrest, criminal trial, and conviction. A conviction under this law is a felony.
It is advisable to be very careful with your actions after learning that a person has committed a felony or is about to commit a felony. Protecting yourself will help you avoid the severe consequences of being an accessory to murder. The offense is mainly charged as a felony, punishable by several years in prison.
When the police arrest you for being an accessory to murder, a prosecutor will file criminal charges against you in a criminal court. During your trial, the prosecutor must prove all the elements of your offense beyond a reasonable doubt for the court to find you guilty.
These Elements for California PC 31 are:
- You knew that the perpetrator had an illegal plan
- You intentionally encouraged and/or facilitated the plan
- You aided, promoted, or instigated the crime
The court cannot find you guilty for being an accessory before the fact if the prosecutor cannot prove all three elements.
Elements for California PC 32 are:
Elements for being an accessory after the fact are slightly different and are:
- Another person committed murder or was facing murder charges
- You were aware that the person committed murder or was facing murder charges
- You hid or helped the person after he/she had committed the offense or after facing murder charges
- You did so to help the offender avoid police arrest, criminal trial, and conviction
Note that failing to testify in a murder trial does not make you an accessory to the offense.
When you aid or abet a crime, the person you are helping is the principal offender. Being an accessory before the murder can attract the same penalties as the murder itself. An accessory after the murder does not face charges for the underlying offense but a separate felony or misdemeanor.
Being an accessory before the murder could attract harsher penalties since you are treated the same way as the offender. That is why you need proper legal help to avoid a conviction if you face charges for being an accessory to murder.
California Murder
The law against murder in California is under PC 187. It is the unlawful killing of another person or fetus with malice aforethought. California law has two degrees of murder:
- First-degree murder happens when a person kills another when lying in wait, with premeditation or deliberation.
- Second-degree murder happens when a person intentionally kills another but does not think about or contemplate killing the person before committing the act.
First-degree murder is more severe and carries more severe penalties than second-degree murder. But both are severe felonies that could carry a life in prison penalty.
When charging a person with being an accessory to murder, the prosecutor must first establish that the other person murdered, whether in the first or second degree. One way you can challenge your charges for being an accessory is by proving in court that the other person did not murder in the first place. If that is true, you cannot be guilty of assisting them before or after the fact.
The Legal Consequences of Being an Accessory to Murder
You will likely face severe penalties if the court finds you guilty of assisting in the commission of murder.
As previously mentioned, California state prosecutes being an accessory to murder before the act as aiding or abetting murder. Assisting the commission of murder before its commission includes facilitating, inciting, encouraging, or helping in the execution of the crime. Thus, the law treats the accessory the same as the actual perpetrator. If convicted for this, you will face the same penalties as the offender.
If the actual perpetrator were found guilty of first-degree murder, you would likely face 25 years in prison to life for assisting in the execution of the murder before its commission. On the other hand, if the actual perpetrator received a conviction for second-degree murder, you will likely receive 15 years of prison time for helping them in the completion of the offense.
Being an accessory to murder before the fact is mainly a wobbler offense in California, as under California PC 32. A person who faces charges under this law conceals, harbors, or helps someone knowing that the person has committed murder. As a wobbler offense, the prosecutor has the discretion to charge you with a felony or misdemeanor, depending on the details of your crime.
If you receive a misdemeanor charge for being an accessory to murder after the crime, you will likely receive the following penalties upon conviction:
- A maximum of one year in jail
- A fine not exceeding $5,000
If you receive a felony charge under this law, you will likely receive the following penalties after conviction:
- A maximum of three years in prison
- A fine of not more than $5,000
You Can Defend Yourself Against The Charges
If you face charges for being an accessory to murder, it helps to know that you can defend yourself from your charges to avoid a conviction. You can do this with the help of a competent criminal defense attorney. Your attorney will develop strategies and plans to fight your charges and convince the jury to drop or reduce your charges. Some of the defense strategies that are allowed by the law, which your attorney can use in your favor, are:
Lack of Knowledge About The Crime
Being an accessory to a crime requires knowing that the offender will commit the crime or has already committed the crime. Without this knowledge, you will not be guilty as charged.
Being close friends or relatives with a person does not guarantee that you know all the plans they have, including plans to commit a crime. You could face arrest simply because you were hanging out with the offender right before and/or after they committed murder. The police will have assumed that you knew about the offense, which in the real sense, you did not know. In that case, the court will drop your charges.
Your attorney must demonstrate your lack of knowledge to the court. That will pose a challenge to the prosecutor in proving all the elements of the offense beyond a reasonable doubt. Consequently, the court will dismiss your charges and order the police to set you free if that happens.
No Murder Occurred
Charges for being an accessory to murder can only be against another person if the principal has already been determined guilty of murder. If that is not the case, you cannot face charges under California PC 31 or PC 32.
It could be that the murder trial for the principal was recently concluded and that they were determined not guilty of murder. In that case, the court will drop your charges. You cannot be an accessory to a crime that did not happen in the first place. All elements of murder must be proven beyond a reasonable doubt for the principal to be found guilty and the accessory to face charges.
You Acted Under Duress
It is not unusual for a person to assist in committing a crime through force or threats of force. Murder is a serious offense. A person that desperately needs help to commit murder will use any possible means to find help, including using force or threats.
For instance, it could be that the perpetrator threatened you with severe bodily injury or death if you failed to help them obtain the murder weapon. Or the perpetrator forcefully caused you to drive them from the crime scene. In that case, you will not be guilty of being an accessory since you did not act voluntarily or knowingly.
If your defense is acceptable in court, the judge will dismiss your charges.
You Were Only a Bystander
If you face charges for being an accessory to murder under California PC 32, your attorney can demonstrate in court that you were not a part of the crime but only a bystander. The police could have arrested you at the crime scene on suspicion that you were part of the offense. By countering the prosecutor’s allegations, you will weaken his/her case against you and cause the court to dismiss your charges. Remember that being an accessory requires you to have harbored, concealed, or aided the felony. If none of that happened, you would not be guilty as charged.
You Are Falsely Accused
False accusations are not unusual in California. Some people face false charges for crimes they did not commit. Sometimes these people are not lucky enough to convince the court of their innocence and end up paying dearly for a crime they did not commit. If you face false accusations for aiding or abetting a murder, your competent criminal attorney could help you demonstrate your innocence in court.
It could be that the perpetrator is covering up for someone and wants you to take the fall for it, or they simply want you to bear the punishment for reasons like jealousy or revenge. Your attorney only needs to prove in court that you did not do that, which you are facing accusations for.
For instance, if you are facing allegations for obtaining the murder weapon on behalf of the perpetrator, your attorney can acquire evidence to demonstrate that someone else and not you sought the said weapon. Your communication with the perpetrator could also be used to prove the kind of relationship you had before the crime.
You Withdrew From Participating in the Crime
Your attorney can use this as a defense if you were a participant in the execution of the crime but withdrew shortly before its commission. In that case, you cannot be an accessory to the murder before the fact.
People change their minds at all times, especially when serious crimes are involved. Some people drop out of the plan right before its execution. They cannot be responsible if the remaining partners execute the plan.
However, you must demonstrate in court that you notified the other participants of your unwillingness to proceed with the plan. You also must have done everything possible to stop the crime from happening. If that is the case, the court will dismiss your charges.
Find a Criminal Defense Attorney Near Me
If you or someone you know faces criminal charges for being an accessory to murder in Van Nuys, CA, you could find legal help in fighting your charges to avoid a conviction. Note that a sentence for being an accessory carries severe penalties in California. Fighting your charges could compel the court to dismiss or reduce your charges. You could try us at Leah Legal for professional legal defense services. We can walk you through the complex legal process and help you plan a solid defense against your charges. Call us at 818-484-1100 and let us work together to obtain a favorable outcome for your case.