When Can I Be Convicted as an Accessory to Murder?
Under California law, you can be convicted as an accessory to murder if you helped or aided in the killing of another person. Often, those convicted of accessory to murder are not present at the scene of the crime. Instead, they aided the direct murderer either before or after the crime.
If you helped prior to the crime, you could face charges of aiding and abetting and may be treated as if you committed the murder yourself. People who assist a murderer after the offense can become an accessory after the fact. The punishment for an accessory after the fact conviction differs from the penalties for murder.
Aiding and Abetting a Murder
While not specifically titled as an accessory crime, aiding and abetting is California’s law for being an accessory before the murder was committed. You commit aiding and abetting by doing any of the following prior to another person carrying out a criminal act:
- Encouraging.
- Aiding.
- Facilitating.
- Inciting.
The definition of aiding and abetting covers a large number of potential scenarios. For example, if you know your roommate intends to kill their ex-spouse, you can aid them by purchasing a gun or other weapon. However, you can also incite your roommate to carry out the crime through words.
Imagine you bring up the ex-spouse and their infidelity when your roommate is around. One day, you begin to mention how the ex deserves to die for what they did to your roommate. If you keep up this behavior, you could face charges of aiding and abetting if your roommate does then carry out the murder.
Additionally, you can become an aider or abettor of murder in an instant. For example, if you and your friends are in a scuffle and you tell your buddy to “kill that guy,” you could be charged as if you acted violently yourself.
Accessory to Murder After the Fact
While aiding and abetting is the charge for helping a murderer before the crime, any assistance you give after the murder opens you to potential charges as an accessory after the fact. California law defines accessory after the fact as anyone who has knowledge that another person committed a felony and then either harbors, aids, or conceals that individual.
Being an accessory after the fact covers scenarios such as taking or hiding a murder weapon. It can also criminalize you helping a friend escape law enforcement. For example, if the police are outside your house and you know they are looking for your roommate, you cannot quietly let him know about the cops so that he can slip out the back.
Penalties for California Accessory to Murder Crimes
Whether you act to help before or after someone else commits murder can have a massive difference in the penalties you face.
If you are charged with aiding and abetting murder, California law treats you as if you killed someone yourself. This means you will face the same charges as the murderer and often the same punishment. Depending on the facts of the case, your sentence may be reduced, but you would be looking at years, possibly decades, in state prison.
However, a conviction for being an accessory after the fact is vastly different. Accessory crimes can be charged as either a misdemeanor or a felony. As a misdemeanor, you face up to a year in county jail and a $1,000 fine. If you are tagged with a more serious felony charge, the maximum punishment includes three years in prison and a $5,000 fine.
Are you being investigated as a possible accessory to murder in Orange, California? Chambers Law Firm has a skilled team of criminal defense attorneys ready to help you fight the charges. Set up a free initial consultation by calling 714-760-4088 or emailing dchambers@clfca.com today!
