In California, it is a crime for a person to help or assist another person accused of committing a felony to escape or avoid prosecution for their crimes. If you lie to the police to protect a criminal or destroy evidence of a felony offense, you could be arrested and charged under California Penal Code 32.
While you may not have been involved in the commission of the crime, offering your assistance to the offender attracts serious legal consequences. Whether you are charged with a felony or a misdemeanor under this statute, you risk facing imprisonment.
If you or your loved one faces an arrest and charges for being an accessory after the fact, you should not take the situation lightly. Fighting against the crime is challenging and will require the guidance of a knowledgeable criminal attorney. Your attorney will help you build a solid defense.
Accessory After the Fact in California
California Penal Code 32 defines accessory after the fact as the crime committed by any person who, after a felony is committed, conceals, aids, or harbors the perpetrator intending to help them avoid arrest, prosecution, or punishment for the offense. Acts such as giving a person a false alibi or helping them escape will make you criminally liable under this statute.
The issues surrounding being an accessory after the fact are simple and seek to punish individuals who commit acts that may seem innocent. In your attempt to help a friend or a family member avoid the harsh consequences of a felony conviction, you could find yourself in legal trouble.
Although the law is harsh on individuals who help criminals evade justice, the prosecution must prove the following elements of the crime beyond a reasonable doubt to secure a conviction under this statute:
Another Person Committed a Felony Offense
The first fact that needs to be clear before you are found guilty under PC 32 is that another person committed a felony. The parties who can be prosecuted for a crime are classified as either principals or accessories. The principal is the person who engages in the actual criminal activity. On the other hand, an accessory is a person involved in hiding the crime or evidence.
Understanding that a prosecutor will not charge you as an accessory for a misdemeanor or infraction is essential. Additionally, if the occurrence of an underlying crime is unclear, you will not be facing any charges. For example, if a person is charged with murder and you are accused of helping them flee the state, your conviction depends on whether the prosecutor can prove that a murder was committed. Your charges will also be dismissed if the murder defendant is cleared of wrongdoing.
You Knew About the Crime
Another element that the prosecution needs to establish during your trial under PC 32 is your knowledge about the crime. You could not be convicted for helping a criminal escape if you did not know that they just committed the crime. Therefore, it is must be clear that you know that the person you helped has either:
- Committed a felony
- Been charged with a felony charge
- Has been convicted of the felony
For example, if you give a desperate man a ride from the gas station to another town and you do not know that they have just been involved in a home invasion, you cannot be guilty of accessory after the fact.
After the Felony was Committed, you Concealed, Harbored, or Aided the Perpetrator
When establishing your liability under this statute, the prosecution must prove that you offered the perpetrator of a felony offense the assistance they needed to escape an arrest or a conviction for punishment. However, it is crucial to understand that if you knew of the crime before it happened and agreed to help them afterward, you could be charged with abetting a crime which is a more severe crime.
Some of the scenarios that could be viewed as an accessory to the fact include:
- Misleading or intentionally lying to the police on the whereabouts of a felon so you can buy them more time to escape.
- Giving a false alibi to another person when the police interrogate you.
- Helping a person leave town or flee after committing a felony.
- Assisting a criminal in hiding evidence that could be crucial in an arrest and prosecution for the alleged crimes.
- Destroying evidence related to the underlying felony.
You Aided or Harbored the Perpetrator Avoid Legal Consequences
Accessory after the fact can take many forms. Therefore, when providing your liability under this statute, the prosecutor must establish that you intended to help the alleged felon escape criminal consequences such as arrest, trial, and conviction for their crimes. However, it is essential to understand that refusing to testify against a friend facing charges for a felony will not make you an accessory after the fact.
While this move helps avoid keeping away critical evidence and preventing a conviction, it will not attract PC 32 charges.
After listening to all the evidence from the prosecution about your involvement in helping the criminal escape, the court may consider these additional factors before convicting you under this statute:
- Whether or not you were present at the scene. However, your presence at the scene does not determine guilt in accessory after the fact. It can give the court a better understanding of the evidence presented against you by the prosecution.
- Your relationship with the principal. Another factor that the court may look into when determining your guilt for being an accessory after the fact is whether you had a relationship with the principal before committing the crime. If you can prove that the principal is a stranger to you and your initial contact was when you helped them, you will have a better chance of beating criminal charges.
- Your proximity to the scene of the crime. The court will seek to understand where you were when the principal committed the crime. If you are found to have been lurking around the scene, your intention to help them may be more precise. Additionally, this may open the avenue for additional charges under PC 31.
- Your extent of knowledge of the alleged crime. As stated above, one of the critical elements of PC 32is your understanding of the crime. Therefore, your level of expertise in the rime could be vital to determining your guilt.
Since California law is stringent on individuals involved in felony offenses, the prosecution for accessory after the fact will also be aggressive. However, proving all these elements can be challenging for the prosecution. Therefore, retaining the services of a skilled defense attorney is vital if you face an arrest and charges under this statute.
Legal Penalties for Violation of California Penal Code 32
In California, accessory after the fact can be charged as a felony or a misdemeanor. Some of the factors that could help the prosecution determine how to charge your offense include:
- Your Criminal history. California law is often stringent on repeat offenders. A criminal record, especially for a serious felony, may indicate your contempt of the law and inability to rehabilitate. For this reason, the court could choose to charge you with a felony so they can ensure that you suffer the most severe punishment.
- Facts of your case. When determining the nature of your charges, the prosecution will investigate and analyze the factors around your case. This will include the nature of the felony offense that was committed and the extent of your role in helping the criminal. Assisting a person facing murder charges to flee the state is more serious than lying to the police about not knowing the person’s whereabouts.
When charged as a misdemeanor, violation of California PC 32 is punishable by:
- A maximum of one year in county jail.
- Fines that do not exceed $5,000.
- Misdemeanor probation.
On the other hand, a felony conviction under this statute attracts these penalties:
- A prison term that ranges from sixteen months to three years.
- Fines of up to $5,000.
- Felony probation.
Probation for Being an Accessory After the Fact
Whether you face a felony or misdemeanor conviction, there are times when the court could sentence you to probation. In California, probation is used as an alternative to spending time in jail or prison. Pronation could be formal or informal, depending on the nature of your conviction. However, it is essential to understand that not all criminal defendants facing charges under PC 32 are eligible for probation.
Your ability to receive probation often depends on negotiating with the prosecutor and attorney. In most cases, prosecutors accept probation for defendants who are first-time offenders. In this case, if your role in helping the felon is not severe, you may be eligible for probation. Although probation is not as harsh as jail time, there are conditions that you must follow. The requirements for felony probation are more severe than those of a misdemeanor, including:
- Regular check-ins with a court-appointed probation officer.
- Avoid involvement in additional criminal activity.
- Avoid association with particular individuals.
- Avoid drug use.
If you violate any of the above terms, your probation officer could report that fact to the court, which holds a probation violation hearing. The court will find you guilty or not guilty of the violation at this hearing. You will continue with probation if you are not guilty of the alleged offense. However, if the alleged violations are true, the court could resist the probation with harsher terms or revoke the probation. A probation revocation means that you must serve the prison sentence for your crime.
Defenses Against Penal Code 32 Charges
An arrest for being an accessory after the fact does not always result in a conviction. There are many strategies you can use to build a strong defense against the charges, including:
- You acted under duress or coercion. It is not uncommon to find a criminal offender threatening others to help them escape or evading an arrest. If you did not willfully assist the principal, you might have a chance to avoid a conviction. For example, after a person commits a robbery, they can hold a gun over your head and threaten to kill you if you do not give them a ride. In this case, your actions do not satisfy the criminal element of PC 32.
- No crime was committed. You are only guilty of being an accessory if it is clear that a felony was committed. If you can successfully argue that the underlying crime did not occur, the court could dismiss your charges.
- Lack of knowledge of the felony. A key crime element for PC 32 is that the defendant knew about the underlying felony. If you did not know that the person you helped had committed a crime and faced charges or punishment for the offense, the court could not find you guilty. Awareness that a co-principal had committed a crime is not enough to find you guilty of accessory to the alleged crimes.
- You lacked an intent to help the perpetrator. Your intention to aid a felon to escape the criminal consequences of their actions must be clear when you help them. However, if you unknowingly helped a person without knowing they were fleeing from authorities, you cannot be convicted for accessory after the fact.
- You were just a bystander. When police officers find you at the scene of a crime, and you fail to answer their questions, they could arrest you under the claims that you are aiding the criminals. However, if you can prove that you did not know about the crime or intent to help them, you cannot be convicted. Failing to give witness testimony to a crime is not an offense.
Is PC 32 Similar to Aiding and Abetting a Crime?
California PC 31 is an offense that occurs when a person encourages, facilitates, or aids the commission of a crime. Many people do not understand the difference between promoting a crime and being an accessory to the fact. One main difference between PC 31 and PC 32 is that a conviction for aiding a crime attracts similar penalties to the underlying offense. On the other hand, being an accessory to the fact is charged separately from the underlying crime.
When a prosecutor charges you with aiding or abetting a crime, the following elements must be clear:
- You knew of the perpetrator’s criminal plan. Prior knowledge of a crime is not necessary to prove guilty under PC 31. If you know of the illegal plan before it happens and encourages them or promote its occurrence at that point, you can be convicted under the liability theory.
- You intentionally facilitate or encourage the plan to commit a crime. Unlike accessory after the fact, where you are only involved in hiding or helping the criminal evade justice, aiding or abetting a criminal requires you to be involved before the actual crime occurs.
PC 32 is a stand-alone offense. However, if you encouraged the defendant to commit an underlying felony, the court will charge you with the same felony. The court's reasoning behind your conviction is that you aided the crime.
One of the similarities between PC 31 and 32 is that your presence at the crime scene is not a necessary factor in securing the conviction. The most important thing the prosecution could look at is your conduct before the crime for encouraging a crime, and your behavior after the crime is you are an accessory after the fact.
It is essential to understand that if you aided the commission of the offense and still helped the criminal escape or hide evidence, you could face criminal charges under PC 31 or PC 32. If you are found guilty and face a conviction for abetting a criminal, the penalties you face will be as harsh as those of the actual criminal. Facing charges for helping and being an accessory after the fact could attract serious legal consequences. Therefore, seeking the guidance of a skilled attorney is crucial.
Find a Skilled Criminal Defense Attorney Near Me
Assisting a felon to escape criminal prosecution is a crime that attracts an arrest and charges for being an accessory after the fact. A simple act such as giving a false alibi could attract an arrest and conviction under this statute. A conviction for violating California PC 32 can result in a lengthy prison sentence and hefty fines.
You could spend up to a year in jail for a misdemeanor conviction and a minimum of three years in state prison if the prosecutor charges you with a felony under this statute. Sometimes the court could find evidence to link you to the underlying felony and convict you under multiple statutes.
If you have been arrested and charged with being an accessory after the fact, it would be wise to hire and retain the services of a competent criminal defense lawyer. At Leah Legal, we have the knowledge and extensive experience defending against PC 32 and other related offenses in Van Nuys, CA. We will offer the legal guidance and representation you need to fight your charges and ensure a positive outcome in your case. Contact us today at 818-484-1100 to book an appointment and discuss the facts of your case.