This offense may be charged as either a felony or a misdemeanor
Consider this scenario: your boyfriend comes home panicked. He tells you that he hit someone with his car after drinking a few beers, and he needs your help. Can you help him get rid of the car and then give him money for a bus ticket out of town? You hesitate. You love your boyfriend and don’t want him to go to jail, but his plan sounds risky. What should you do?
According to a criminal defense attorney in Los Angeles County, CA, if you help your boyfriend in this situation, you could be charged as an accessory after the fact. This offense may be charged when a person harbors, conceals or aids a person who they know has committed a felony, with a goal of helping them avoid arrest, trial, conviction or sentencing. Accessory after the fact is a wobbler, which means that you could be charged with either a misdemeanor or a felony depending on the facts of the case and your criminal history.
To prove that you are guilty of being an accessory after the fact, a prosecutor must demonstrate that:
- Someone committed a felony;
- You knowingly harbored, concealed, or aided that individual;
- Knowing that they (a) committed the felony; (b) were charged with a felony; or (c) have been convicted of a felony; and
- You did so to protect them from arrest, trial, conviction and/or sentence.
To prove that you knew about a felony offense and your intent to protect that person, a prosecutor will likely introduce evidence such as your presence at the crime scene, your actions after learning about the felony, and your relationship to the person who allegedly committed the felony.
There are a number of ways that these types of charges may arise. For example, if you destroy physical evidence, that could be considered being an accessory after the fact. If you lie to the police about what you know, or help the perpetrator flee, this may also lead to an accessory after the fact charge. Similarly, if you hide the perpetrator, a prosecutor may charge you with this crime.
A skilled criminal defense attorney in Los Angeles County, CA can put together a number of defenses to the charge against you. First, accessory after the fact charges can only be brought with relation to felony charges. If there wasn’t a felony, you cannot be charged with the crime. Second, if a felony was committed but you did not know about it, your lawyer can use that as a defense. Other possible defenses may include you being under duress, such as if your boyfriend threatened to kill your family if you didn’t help him.
If you have been charged with being an accessory to a crime or any other charge, the Chambers Law Firm can help. Contact our law offices today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a criminal defense attorney in Los Angeles County, CA.
