An accessory before the fact is someone who encourages or helps another person commit a crime, either before the crime is committed or as it is being committed. In some states, the offense is charged as aiding and abetting. If you’re found guilty of being an accessory before the fact, you could face similar criminal consequences as the individual who commits the offense directly.
Fortunately, you can try to challenge the accusation of being an accessory before the fact through a solid legal defense. Some common defenses include demonstrating that you:
- Didn’t offer any assistance or help with a crime
- Were wrongfully accused
- Started to help with a crime but later stopped helping, and/or
- Were only present at the crime scene
It is important to note that being an accessory after the fact is not the same as being an accessory before the fact. Helping someone after they commit a crime, as opposed to helping them before or during the crime, makes you an accessory after the fact.
What Is An “Accessory Before The Fact”?
If you encourage or assist someone else to perpetrate an offense, then you could be charged with being an accessory before the fact. You could be charged with accessory to the offense if you contribute to the commission of the crime without actually perpetrating the offense. Some common examples of being an accessory before the fact include:
- Taking on the role of a "getaway" driver
- keeping watch while another person perpetrates a robbery
- Creating an alibi for an individual who has perpetrated a crime
- Sharing details with an individual you know would use them to perpetrate a crime
- keeping a car's engine running
- Equipping someone with the tools they need to commit an offense
- Directing a vehicle towards a street while aware that the vehicle is about to be stolen, and/or
- Taking part in rape or kidnapping
It’s crucial to take into consideration that witnessing an offense being committed doesn't constitute criminal intent and it does not subject you to conviction as an abettor or aider, irrespective of whether injury or damage could have been avoided if you had moved to prevent the offense in progress.
It should be noted that in some jurisdictions, you're only subject to being an accessory before the fact if you're not involved when the offense is perpetrated. In addition, while some states' criminal codes stipulate that an accessory before the fact should provide encouragement or aid before the commission of an offense, other states' laws stipulate that you can be charged with these offenses even if you assist while someone else is committing a crime.
It's also worth noting that some jurisdictions indicate you'll only face prosecution for this crime if you assist someone else in committing a felony crime as opposed to a misdemeanor. For instance, an individual will be convicted of being an accessory before the fact if she or he supports, assists, counsels, or promotes a principal offender in perpetrating a "felony" crime.
Is "Aiding And Abetting" The Same As "Being An Accessory Before The Fact"?
The state of California classifies an accessory crime as "aiding and abetting." Today, regardless of whether they were present during the commission of the crime, the term "aider and abettor" is frequently used to describe principal offenders other than the perpetrators. The phrase "accessory before the fact" refers to people who assisted in the preparation of a crime or encouraged its execution. For instance, an individual who takes part in organizing or planning a bank robbery before it's perpetrated is an “accessory before the fact."
An individual who actively aids in the execution of an offense, even though they're not involved in the main crime, is referred to as an "accomplice." An "accomplice" is someone who acts as a getaway motorist or a lookout during a bank robbery. The phrase "accessory after the fact" refers to people who did not participate in the actual execution of the crime but instead deliberately helped the offender avoid being apprehended and prosecuted.
For instance, an individual who aids the principal offender of a bank robbery by concealing the stolen funds for the offender is known as an “accessory after the fact.” Under California statute, the prosecution must prove the following to effectively demonstrate you are an abettor or aider:
- Someone committed the crime
- You were aware of the offender's premeditated plans before or during the offense
- You meant to help the offender carry out the crime, and
- Your actions or words contributed to the offender's commission of the offense
What the Prosecution Must Establish
If you're charged with being an accessory before the fact in committing or attempted execution of an offense, the prosecution should be able to demonstrate the following aspects beyond any reasonable doubt:
- You knew the offender intended to perpetrate the offense in question
- You intended to help, assist, or encourage the offender before, during, or after the offender committed the offense, and
- Your actions or encouragement helped the offender execute the offense
Instigating, promoting, or supporting a crime is enough to land you behind bars. The criteria used to separate a principal offender from an accessory are based on whether the accused independently participated in the crime's commission, rather than simply offering some type of restricted assistance and encouragement, whether indirectly or directly.
Legal Defenses Against an Accessory Before the Fact Crime
If you're accused of being an accessory before the fact, you could use a legal defense to fight the charges. Some popular defense arguments include demonstrating the following:
No Involvement
You cannot be charged with being an accessory before the fact if you didn't promote, assist, or encourage the commission of the offense. Numerous ways could be misinterpreted as evidence of your involvement. For instance, imagine you're in a vehicle with some acquaintances on your way to a beach party. The vehicle pulls over to a convenience shop to delay a clerk. You remain in the vehicle while he or she enters a store and perpetrates a robbery. You had no knowledge that this would take place, and you were not involved in the preparation or encouragement of the offense.
But you were "physically present" at the scene. Unfortunately, you were in the wrong place at the wrong moment. However, simply being there at the time of the offense is insufficient to establish intent. Your criminal defense lawyer could argue that you can't be found guilty of being an accessory before the fact since you were unaware that the motorist had intended to engage in illegal activity.
False Accusation
Attempts to blame you are often made by offenders who want to escape responsibility for their wrongdoing. Being an accessory to a crime does not require tangible evidence; only witness testimony that you were involved in some way is required. Therefore, it is simple to accuse a person of being an accessory before the fact.
In addition, resentment, jealousy, and financial gain can be used as justifications for false allegations. For instance, a spouse who is enraged by his or her partner's jealousy and infidelity in the relationship can make up evidence that he or she was complicit in rape to get revenge. If you were wrongfully accused of being someone who aided in perpetrating a crime, our lawyers would be able to demonstrate that you were wrongly accused, which would substantiate your innocence.
Duress
You can't be found guilty of being an accessory before the fact if you were forced against your choice to assist someone in committing an offense under the imminent fear of serious physical injury or loss of life to yourself or another individual. This is referred to as "duress," and it's a legally admissible defense strategy in most criminal prosecutions. If your attorney can prove that you only participated in the commission or planning of the offense due to coercion or pressure by another individual, you could be cleared of these allegations.
However, you can't claim duress if you were just scared of minor bodily harm, property destruction, or reputational damage. Furthermore, duress isn't applicable as a defense strategy to murder, which demands the aspect of malicious intent or a pre-determined purpose to kill another person. For duress as a defense strategy to be effective in a defendant's accessory before the fact case, the threats made against him or her must be "credible," "immediate," and include serious physical injury or loss of life.
No Duty to Act
In most cases, you are not required to stop an offense from happening just because you know it will be undertaken or are there when it's being perpetrated. Otherwise, you're not required by law to prevent an offense from occurring. A simple knowledge of the crime's plan is usually not sufficient to find you guilty of being an accessory before the fact.
Withdrawal from Crime's Participation
If your defense lawyer can demonstrate that your responsibility as an aider and abettor ceased before the execution of the charged offense, you could have a solid defense argument for not being an accessory before the fact. To count on this strategy, you should be able to show that you:
- Informed the other individuals participating in the offense of your plan to withdraw
- Tried everything in your control to prevent the offense from being perpetrated
The jury must determine whether you meet both of the elements beyond any reasonable doubt. It isn't enough to merely withdraw from the offense. You would almost certainly have had to take affirmative actions to demonstrate an intent to deter, such as notifying a law enforcement officer that an offense was likely to be perpetrated. Please bear in mind that, while you can still mount a legal defense, the best defense would require the assistance of a professional criminal lawyer. A defense attorney would know what form of defense argument is best suited to the details of the case. Additionally, the lawyer-client relationship protects any contact with a criminal lawyer. A lawyer is not allowed to disclose conversations with clients without their approval under this bond.
Penalties for Being an Accessory Before the Fact
In most jurisdictions, if you're an accessory before the fact, then you will face the same consequences as the individual who committed the underlying offense that you participated in committing. For instance, in California, you could receive a minimum of fifteen years in prison if you assist someone in robbing someone or some other facility.
Natural and Probable Consequences
The "natural and probable consequences" doctrines are foreseeable outcomes that a sensible individual would expect to occur if nothing exceptional happens. This implies that if you assist someone in committing a specific crime, like armed robbery, and that individual later displays or discharges a firearm meant to be utilized during the crime, you and the individual you assisted in the offense might both face charges relating to firearms. When the jury is asked to identify natural and probable consequences, they must take into account all relevant factors shown by the facts.
Accomplice Liability for Murder
The California Supreme Court has acknowledged that, under some conditions, an accessory to a crime could be subject to more severe punishment for offenses involving homicide than the principal offender. When an individual in a mental state required to be an accessory to crime convinces or aids another to murder, the combined effort of all parties, as well as that individual's mens rea, determines that person's culpability. If an accessory's mens rea is more culpable than the other's—the requisite purpose that must be established in the mind to perpetrate a crime—then his or her liability in the murder could be greater, even though the principal offender is judged the actual perpetrator.
Crimes Related to an Accessory Before the Fact
Accessory After The Fact
An "accessory after the fact" crime occurs when you assist another individual after he or she has committed a crime. In this case, assistance is provided after the actual defendant has committed a crime as opposed to during or before the crime. A few instances of how you can be an accessory after the fact include:
- Driving a getaway vehicle after a heist
- Granting an alibi to an acquaintance who has been accused of DUI, or
- Helping an accused avoid arrest
In general, the prosecution has the option of charging this offense as a felony or a misdemeanor. While different state laws differ on the specific punishment for the crime, it's usually less serious than the punishment for being an accessory before the fact.
Frequently Asked Questions
Below are some of the most frequently asked questions about being an accessory before the fact.
Is It A Criminal Offense To Aid And Abet?
Technically speaking, helping someone else commit a crime is not an offense in itself. Rather, it is a legal argument that you participated in facilitating the wrongdoing. If you intentionally participate in the planning, carrying out, or encouragement of an offense, then you will be held responsible for being an aider and abettor.
Due to this, you could face charges for whatever offense or offenses you meant to perpetuate.
How Can The Prosecution Establish That I Was An Accessory Before The Fact?
The prosecution needs to show 3 things to establish that you're guilty of being an accessory to the crime:
- That you were aware of the principal offender's illegal intent
- You engaged in activities that were motivated by the desire to commit an offense or to aid in its commission
- Your activities did contribute to or encourage the crime to be committed
Can I Be Found Guilty Of Both Crimes If I Assist Someone In Committing One And They Go On To Commit Another In The Process?
There is no doubt that this is possible. The courts could grant the jury instructions known as the "natural and probable consequences" doctrines. This implies that you can face charges for any offenses perpetrated as a result of the intended offense if a sane individual could have predicted that the linked offense would transpire.
What Consequences Am I Subject To If I Am Charged With Being An Accessory Before The Fact?
In most cases, receiving an accessory or accomplice sentence carries the same penalty as committing the crime yourself. In fact, in some homicide-related cases, you may face greater responsibility than the actual perpetrator.
Find a Van Nuys Criminal Lawyer Near Me
Being an accessory before the fact in an infringement of California laws is a serious crime that can come from an innocent act of goodwill. Individuals who have never been in such trouble would find themselves facing criminal charges after believing their actions were the right thing by assisting their loved ones. If you're found guilty of being an accessory before the fact, you will be subject to the same punishment as the principal offender. You do not have to face these charges alone. We at Leah Legal in Los Angeles can assist you in developing a strong defense against the allegations. Call us at 818-484-1100 to get in touch with us right away.