Learn what actions qualify as accessory after the fact and how to defend against this charge.
Under California Penal Code 32 PC, anyone who knowingly assists a perpetrator in escaping arrest, trial, conviction, or punishment following the commission of a felony crime can be charged as an accessory after the fact.
Some common examples of actions that can form the basis for a charge of accessory after the fact include:
- Helping the perpetrator to flee the scene
- Concealing the perpetrator
- Destroying physical evidence
- Lying to the police
Accessory After the Fact vs Conspiracy
There are several important distinguishing factors between a charge for conspiracy and a simple accessory after the fact. The most important one is planning. In a conspiracy the assistance in escaping arrest or punishment is provided as part of a plan hatched before the crime was committed, whereas in an accessory after the fact case the decision to render assistance was reached spontaneously following the revelation of new information about the crime. A conspirator is a “principal to a crime” and will share the same penalty as the individual who actually committed the crime. The penalty for accessory after the fact is generally less.
Accessory After the Fact vs Aiding and Abetting
Unlike conspiracy, both accessory after the fact and aiding and abetting are unplanned crimes. The distinction between the two lies in whether or not the felony was complete when the assistance was rendered to the perpetrator. Courts have differed in their opinions of what constitutes a “complete” crime. For example, some have ruled that a robbery is complete as soon as the cash or goods have changed hands, while others said that the robbery is not complete until the perpetrator has reached a place of safety. So if an individual provided transportation from the scene of a robbery, they may be subject to either charge depending on the opinion of the court.
Possible Defense Strategies
When trying a charge of accessory after the fact, the prosecution must prove that:
- Someone committed a felony
- You knew of the felony
- You knowingly and willingly assisted the individual for the specific purpose of helping them avoid punishment
Disproving any one of these points can destroy the prosecution’s defense. Common tactics include proving that the felony crime in question did not occur, was committed by another perpetrator, or was actually a misdemeanor; proving that you had no knowledge of the felony at the time you offered assistance, or proving that you rendered assistance only under duress.
