What Is an Accessory After the Fact?
California law makes it illegal to help someone that you know just committed a felony. There are various ways that you can aid a criminal after the deed is done, so if you know someone just did something illegal, be very careful with how you proceed. A conviction for being an accessory after the fact can end up landing you in prison for years to come.
You Must Know About the Crime To Be an Accessory After the Fact
There are four elements a California prosecutor must prove to convict you as an accessory after the fact. These include:
- Someone else committed a felony or was charged with a felony;
- You knew about the other person’s felony crime or charges;
- After the crime was committed, you either hid the other person or aided them in some way; and,
- Your assistance was intended to help them avoid arrest, trial, or conviction for the felony.
An experienced criminal defense attorney will attempt to show that you did not have knowledge of any felony. In some accessory after the fact cases, this is a powerful legal defense.
However, some situations make it clear you were aware of the crime. For example, being a getaway driver at a bank robbery. If your partner comes running out holding bags of money while the bank’s security alarms go off, it is difficult to deny you knew a felony was committed.
Hiding or Concealing a Felon Can Be Criminal
Aiding someone after a crime is not the only way to be convicted of being an accessory after the fact. Being a getaway driver or burying a gun for someone else are typical examples of this crime, but you can become an accessory after the fact much later.
For example, if the police are investigating a robbery that you know your roommate committed, you cannot provide a false alibi for your roommate. If you tell law enforcement that the robber was home playing video games with you when the crime occurred, you may be considered an accessory after the fact.
The Penalties for Accessory After the Fact
In California, accessory after the fact can be charged as either a misdemeanor or a felony. Whether you face the more severe felony charges will depend on the facts of your case and if you have a criminal history.
As a misdemeanor, the maximum punishment for being convicted as an accessory after the fact is one year in county jail and a $5,000 fine. Felony charges for being an accessory after the fact have harsher penalties, with the maximum felony sentence resulting in three years in state prison and a $5,000 fine.
If you face charges as an accessory after the fact in Anaheim, California, our skilled defense team can help. Set up a free consultation with Chambers Law Firm by contacting 714-760-4088 or dchambers@clfca.com.
