The accessory after the fact offense, as defined under California Penal Code Section 32, is a serious crime. It involves the act of harboring, concealing, or aiding someone you know committed a felony, with the intent to help them avoid arrest, trial, or conviction.

In simple terms, an accessory after the fact crime occurs when an individual with knowledge that another person has committed a crime assists them in evading arrest after the crime was committed.

Penal Code 32 PC makes it a crime to harbor, conceal, or aid someone you know committed a felony to help them avoid arrest.

An example in Los Angeles County includes a situation where someone commits an armed robbery and shoots the clerk. They run over to a friend's house and let them know what happened, asking for their help in hiding from law enforcement.

The friend helps them avoid capture by giving them some money, loaning them a car for an escape, and assisting them in disposing of the weapon. Another example is allowing someone to stay in your home to avoid capture when you know they have an outstanding felony arrest warrant.

Yet another example of an accessory after the fact crime is when someone allows a friend to store their vehicle in their garage, knowing it was used to commit a felony offense.

Penal Code Section 32 is known as a “wobbler,” which means that the Los Angeles County prosecutor can file the case as either a misdemeanor or a felony, depending on the circumstances and the severity of the offense. This discretion allows the prosecutor to consider factors such as the defendant's criminal history and the specific details of the case when deciding how to charge the offense.

No Duty to Report

It's essential to note that there is no duty to report. This means they can't be guilty of an accessory after the fact crime because they are aware of a crime having occurred, but don't report it to the police.

Additionally, if someone is present when another person commits a crime, they are not necessarily committing an accessory after the fact to a crime. It's also important to note that if a person is unaware that a crime has been committed but innocently provides aid to the individual who committed the crime, they are not liable as an accessory after the fact.

Finally, being an accessory after the fact differs from an aiding and abetting offense. Why? Being an aider and abettor means an individual actually participates in committing a crime in some manner. 

Suppose you are under criminal investigation or have already been charged with accessory after the fact. In that case, you need to consult with a Los Angeles criminal defense lawyer at Eisner Gorin LLP immediately.

Don't make any statements to the police, as you might incriminate yourself. Any statements you make can be used against you later in court, potentially strengthening the case against you. Let our highly experienced attorneys review the details in order to determine your best legal options moving forward.

Now that we have covered a basic overview of an accessory after the fact crime, let's review the legal definition, legal penalties, and defense below. 

California Penal Code 32 - Accessory After the Fact

Under California Penal Code Section 32, the legal definition of accessory after the fact is as follows. This clear definition will help you understand the crime and its implications. 

• “Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent for the  principal to avoid  escape from arrest, trial, conviction or punishment, having knowledge the principal has committed such felony, or has been charged with such felony or convicted, is an accessory to such felony.”

As stated above, accessory after the fact crime is NOT the same as an aiding and abetting offense under California Penal Code Section 32. Aiding and abetting means that you participated in some way in the commission of the crime.

It's important to note that accessory after the fact is distinct from aiding and abetting. While the latter involves active participation in the crime, the former is about assisting someone in avoiding arrest after the crime was committed, without actually participating in the crime itself.

For instance, if you drive the getaway car for a bank robber, you are aiding and abetting the crime. However, if you later help the bank robber hide from the police, you could also be charged as an accessory after the fact.

Elements of the Crime 

In order for the Los Angeles County prosecutor to obtain a conviction for being an accessory after the fact, they must be able to prove, beyond any reasonable doubt, the following elements of the crime: 

• Another person committed a felony crime;
• You knew the person had committed a felony, or that person had been charged with or convicted of a felony crime;
• You knowingly harbored, concealed, or aided the person after the felony was committed;
• When you acted, your intent was the help the person avoid or escape arrest, trial, conviction, or punishment.

In order to determine if you meet all these elements of the crime, the prosecutor will typically review important factors. This includes your relationship to the person who committed the crime, and if you were present at the scene of the crime.

There is a wide range of examples where you could be liable as an accessory after the fact. These include helping them flee the scene of the crime, destroying physical evidence, knowingly lying to the police, and helping them hide from law enforcement. Call our Los Angeles criminal defense law firm for more detailed information. 

What are the Legal Penalties?

As stated above, an accessory after the fact offense is commonly known as a “wobbler.” This means that the Los Angeles County prosecutor has the discretion to file the case as either a misdemeanor or a felony.

If you are convicted of a misdemeanor, you could face up to one year in a Los Angeles County jail. If convicted of a felony crime, you could face 16 months to 3 years in a California state prison. Either a felony or misdemeanor conviction may also result in a maximum fine of $5,000. 

What are the Legal Defenses?

There are a variety of potential legal defenses our Los Angeles criminal defense attorneys could utilize to defend you against charges of accessory after the fact, in violation of Penal Code Section 32. These legal defenses include: 

• Lack of knowledge – In some cases, our lawyers may be able to show that you did not know the person had committed a felony crime. This would include situations where you may have helped conceal someone, but you simply did not know that a felony was committed. If we are successful in creating reasonable doubt, you should not be found guilty of being an accessory after the fact.
• No felony crime – One of the main elements of the crime is that, to be considered an accessory after the fact, a felony crime must have been committed. If our lawyers can demonstrate that it was a misdemeanor offense, you can't be guilty of being an accessory after the fact. 
• No intent – In some cases, our criminal attorneys may be able to demonstrate that you did not intend to help the person avoid arrest. You may have been just an innocent bystander. If you don't harbor, conceal, or aid someone with the specific intent to help them avoid arrest and punishment, you can't be an accessory after the fact. Remember, just failing to report a crime, or refusing to provide information about a crime, or even denying a crime was committed because you don't want to become involved, does not qualify as an accessory after the fact offense.
• Duress or coercion – In certain situations, our lawyers might be able to argue that while you did in fact commit an accessory after the fact crime, you only acted because you were under duress or coercion from the person who committed the felony crime. Duress means you acted because another person gave you credible threats to harm or kill you if you did not do what they told you.
• False accusation or mistaken identity – In some cases, our lawyers might be able to show that you were falsely accused or a victim of mistaken identity. It's not uncommon for a witness to misidentify someone in the heat of the moment. Maybe you matched the description, but were not the actual person who was identified. Mistaken identification is a common reason for false arrests and wrongful convictions.

Contact a Los Angeles Criminal Lawyer

Suppose you are facing allegations of being an accessory after the fact, in violation of California Penal Code Section 32. In that case, you should call a Los Angeles criminal defense lawyer at Eisner Gorin LLP as soon as possible.

Our attorneys will carefully examine the specific details to develop an effective defense strategy. We offer a free, immediate response. Contact us at 877-781-1570. Eisner Gorin LLP 1875 Century Park East #705 Los Angeles, CA 90067 310-328-3776 www.egattorneys.com

Related Content:

• What is a Criminal Conspiracy?
• Difference Between an Accomplice and an Accessory