What Is The Accessory To Commit A Crime?

An accessory is a party that assists in the commission of a crime but does not participate in its commission. According to the California PC 32, committing a crime is one thing. However, assisting a person involved in a criminal activity is also a crime. If you face accessory to commit a crime charges, you should seek the help of an experienced attorney to help you fight your charges.

An Accessory To A Crime Explained

An accessory to a crime is any person who assists someone else to commit a crime. Accessories could be categorized into two:

Accessories before the fact, and
Accessories after the fact

The difference between the two is the time the accessory offered assistance. In either case, the accessory does not need to be present at the time of the offense. They can still be an accessory even if they are miles away from the crime scene.

Accessories Before The Fact

Accessories before the fact offer help before the commission of an offense. Most criminal justice systems consider these defendants part of the underlying offense or accomplices. Generally, an accessory before the fact assists the perpetrator before committing the offense. This is also known as aiding and abetting a crime. The following are some of the examples of aiding and abetting a crime:

Encouraging another person to commit a crime
Furnishing a firearm for use during the commission of an offense
Being on the lookout when a robbery is being committed
Failing to prevent an offense from occurring when you have the legal duty to stop it
Hiring a person to commit an offense
Preventing other people who are trying to stop the offense
Preventing law enforcement from accessing a crime scene
Helping or participating in the commission of the offense
Providing information needed to commit a crime
Being the getaway driver

If the prosecutor accuses you of aiding and abetting a crime, the prosecutor must prove the following elements beyond a reasonable doubt:

The principal offender or perpetrator committed the offense
You were aware that the perpetrator intended to commit the offense
You intended to aid and abet the perpetrator in committing the crime before or during the crime’s commission

The prosecutor must also show that you did not withdraw your assistance. However, if you are accused of aiding and abetting a crime, you could withdraw your assistance if:

You do everything reasonably within your ability to stop the offense from being executed, even if your efforts fail afterward
Informing every person involved in the offense that you are no longer a participant, provided you inform them early enough to prevent the crime from being committed.

According to California common law, you could be an accessory before the fact without providing physical assistance. You could have merely intended for the offense to be committed and encouraged, incited, or instigated another person to do it.

Your presence at the crime scene indicates that you were an aider or abettor. However, your absence does not mean that you did not aid and abet the crime. The following could also be other indicators that you aided and abetted a crime:

Your behavior before or after the crime
Your companionship with the perpetrator

Penalties For Accessory Before The Fact Charges

A conviction for aiding and abetting a crime attracts the same punishment as the underlying criminal charges. For example, if the underlying crime carries five years in prison, aiding and abetting a crime could attract a jail term that does not exceed five years in a state prison. However, an accessory to murder is the only crime that is exempt from this statute.

Accessories After The Fact

Accessories after the fact only assist once an offense has been committed. Most criminal justice systems consider these crimes similar to obstruction of justice, which creates a big difference in the possible punishment following a conviction.

An accessory, after the fact, assists another person after committing an offense. You can only face charges if the prosecutor proves the following elements:

Another person committed a felony crime
You were aware that the defendant had committed a felony offense or been convicted of one
You harbored, concealed, or aided the perpetrator after the commission of the felony
You intended to assist the perpetrator to escape or avoid arrest, trial, punishment, or conviction

The following are examples of being an accessory after the fact:

Assisting a felon or criminal suspect to escape arrest
Driving a getaway vehicle after a robbery
Offering an alibi for a relative or friend who has been convicted of driving under the influence (DUI)

The Difference Between Conspiracy And Aiding And Abetting A Crime

A conspiracy offense is similar to aiding and abetting a crime. There are, however, crucial differences. The differences depend on the criminal laws of the state. You could be guilty of conspiracy in California if:

You agree with another person to commit an offense
One of the parties takes an overt act to further the agreement
At least one of the above acts was committed in California

Generally, an overt act is an action that could be innocent. However, it helps further your involvement in the crime when taken in the context of an offense. Some of the actions could include:

Scouting the area of the intended offense
Purchasing the tools and equipment needed for the crime
Holding a meeting to discuss the details of the offense
Buying maps of the intended scene of the offense

Unlike being an accessory, being a conspirator means you have made a prior plan and intend to commit an offense. The agreement must neither be written nor formal for you to face conspiracy charges. The big difference between being a conspirator and an accessory before the fact is the timing of your involvement in the offender's crime.

Penalties For Being An Accessory After The Fact

Accessory after the fact crime is charged as a wobbler in California. In this case, you could face misdemeanor or felony charges. The judge has broad discretion in choosing how to pursue the case. You could face a jail term that does not exceed one year in a county jail if you are convicted of a misdemeanor. You could face a jail term that does not exceed three years in a state prison if you are convicted of a felony. A conviction could attract a fine that does not exceed $5,000.

Under federal law, an accessory after the fact could attract more than half the minimum sentence that the perpetrator or principal offender is punished with. The maximum sentence for an accessory after the fact is 15 years if the perpetrator is sentenced to life in prison or the death penalty.

Defenses Against The Charges Of Accessory To Commit A Crime

You could be convicted for being an accessory to commit a crime whether you participated or not. The conviction could attract severe penalties. Nonetheless, with the help of a criminal defense attorney, you can fight your charges for a favorable outcome. Some of the defenses you could present include the following:

You Assisted The Perpetrator After The Offense

You could use this as a defense against the charges of accessory to commit a crime. This defense could be valid if you only helped the perpetrator after committing the offense. However, you will still face criminal charges for being an accessory after the fact. Fortunately, assisting the perpetrator after he/she has already committed an offense attracts a lesser punishment than helping them before the offense.

You Had No Legal Duty

You have a legal duty to prevent an offense if you know someone intends to commit it. You also have a legal duty to prevent a crime if you see another person committing an offense. You can use this as a defense if you are accused of being an accessory to commit a crime.

You Were Under Duress

Duress is a valid defense where you agree that you were an accessory to commit a crime but under threats or force. However, you must prove the following elements when using the duress defense:

The perpetrator threatened to injure you
You helped the perpetrator to commit the crime because you had no reasonable way or chance to escape the threatened harm.
You were reasonably and justifiably worried that the perpetrator would carry out the threat.

An immediate threat poses actual harm at the moment. This defense, therefore, does not apply to the threat of harm in the future. For example, a robber could hijack you while driving and force you to drive at gunpoint. You could use this defense against your charges.

A gun on your head means that you are in immediate danger of death or serious injury should you fail to follow what the robber commands you to do. The perpetrator does not need to state the threats directly. The threats could be inferred from the actions or words. For example, pointing a gun at another person is sufficient to inflict fear of immediate harm on that person.

You must also prove that a reasonable person would have been afraid under the same circumstances. Apart from reasonable fear, you must also prove that you had no other way to avoid the threat other than by assisting the perpetrator in committing the crime. You have the burden of proof to show that the elements of compulsion were true when using duress as a defense.

Withdrawal From The Crime

You will not face charges if you withdraw from assisting another person to commit a crime and:

Notified the person of your intentions to withdraw
Did everything you could to prevent the crime from being committed

For example, you could withdraw support from your friend planning to rob a store. You could also convince them not to commit the crime, but they refuse to listen. You could also have informed the law enforcement about the planned robbery. You have met all the elements of withdrawing from the offense in this situation. You would have taken substantial steps to prevent the crime by reporting the robbery to law enforcement. However, if you left for home after persuading your friend, the judge could claim that that was not a significant step to stop the crime.

False Accusations

The prosecutor does not have to provide physical evidence of your involvement in assisting another person in committing a crime. Someone else could falsely accuse you of being an accessory to commit a crime. False allegations could also arise from malice and a desire to settle a score. You should consult an attorney who will use different strategies to expose the false allegations. The best way to fight the false allegations includes:

Identifying situations of fabricated testimony from the perpetrator and witnesses
Evaluate the reports of the offense from law enforcement to locate the witnesses who provided information leading to your arrest. Your attorney can cross-examine witnesses to determine the validity and consistency of their testimony about the crime.
Gathering any physical evidence that shows you did not assist another person to commit a crime

No Knowledge Of The Offense

You can only be guilty of assisting another person in committing a crime if you were aware of the perpetrator's intentions to commit a crime and you proceeded to help them commit it. You could use this defense if you did not know the perpetrator's intentions to commit a crime.

You Did Not Encourage The Commission Of The Offense

You become an accessory to commit a crime if you facilitate or encourage another person to commit a crime. You will, however, not face charges if you did not assist in commissioning the crime. You could use this defense if you were merely present at the crime scene.

Find An Experienced Criminal Defense Attorney Near Me

A conviction of being an accessory to commit a crime can attract severe penalties. The potential penalties include jail time and hefty fines. Your specific charges will depend on whether you assisted the perpetrator before or after the offense. If you face an accessory to commit a crime charge, having an experienced attorney by your side can influence the outcome of your case. At The Law Office Of Ann Gottesman, we have experienced attorneys who can help you fight your charges in Pasadena, CA. Contact us at 626-710-4021 to speak to one of our attorneys.