In California, criminal law clearly differentiates between individuals involved in crimes in different roles. If you're accused of helping someone plan or carry out a crime, either beforehand or during the event, or assisting someone in avoiding justice after a crime, you could face criminal charges yourself, either as an accomplice or an accessory, under California's "aiding and abetting" laws (Penal Code 31 and 32 PC).
An accessory supports someone who has committed a crime without directly participating, while an accomplice actively joins the crime itself.
Certain key factors distinguish accessories from accomplices, notably knowledge and intent. An accessory may be aware of criminal activities but lack the intent to participate, assisting only afterwards by hiding evidence or offering false alibis. In contrast, an accomplice possesses both the knowledge and intent to commit the crime itself.
Another important factor is the degree of involvement. Accessories usually play a less active role than accomplices, functioning more as secondary facilitators than active participants in crimes.
In simple terms, there are differences between an accomplice and an accessory. The way you are charged and the sentences you could face under California law depend on your role in the crime and the specifics of your case.
California Aiding and Abetting Laws
Let's start with a summary of California's laws on aiding and abetting:
- Penal Code 31 PC criminalizes assisting or encouraging the commission of a crime. This includes accomplices present at the scene and accessories before the fact who knew of and aided the crime beforehand. Such individuals can face charges equal to those of the principal offender, even if their involvement was only supportive.
- Penal Code 32 PC defines an accessory after the fact as anyone aware that a felony has been committed who harbors, conceals, or assists the offender to help them avoid arrest or trial. Such a person can be charged with a separate felony and faces up to three years in prison.
What Do the Legal Definitions Mean?
Penal Code 31 aiding and abetting law says, "All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, or persons who are mentally incapacitated, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed."
Penal Code 32 PC accessory after the fact says, "Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony."
What are the Main differences?
While discussing accomplices versus accessories, California law identifies three types of individuals who help commit a crime: accomplices, accessories before the fact, and accessories after the fact.
An accomplice is someone who is present during a crime and actively assists the perpetrator. This help can be physical, logistical, or moral, and can directly aid in committing the crime. For instance, during a bank robbery, the person driving the getaway car can be charged as an accomplice.
An accessory before the fact is someone who significantly contributes to planning and organizing a crime but is not physically present when the crime is carried out. This can include supplying resources, information, or strategic advice that facilitates the crime.
Although not physically present at the crime scene, accessories before the fact play a significant role in planning and conceptualizing the crime. For example, providing a blueprint for a building that is later robbed can result in being charged as an accessory before the fact.
An accessory after the fact is someone who helps a known criminal after the crime has occurred. This assistance is typically intended to help the felon avoid arrest or prosecution and may include providing shelter, financial support, or assisting them in evading law enforcement.
For example, knowingly offering shelter to a fugitive can result in charges as an accessory after the fact.
One more point: While accomplices and accessories before the fact can be charged under PC 31 for both misdemeanors and felonies, PC 32 (accessory after the fact) is only applicable to felony offenses.
This means you can only be charged as an accessory after the fact if you knowingly harbor or protect someone who has committed a felony. If the offense was a misdemeanor, PC 32 does not apply.
What Are the Criminal Charges and Penalties?
If you're charged with aiding and abetting, your criminal case will be based on how involved you are believed to be in the crime. Specifically:
- If you're accused of being an accomplice or an accessory before the fact, you can be charged with the same crime as the principal offender, as if you had committed the crime yourself. In other words, there is no distinct "aiding and abetting" crime under PC 31.
- If you're accused of being an accessory after the fact, you may face a separate felony charge under PC 31.
The potential penalties are listed below:
- For accomplices and accessories before the fact, the maximum penalty is the same as the penalty for the principal crime. For instance, if you're accused as an accomplice to first-degree murder, you could face 25 years to life in prison without parole, just like the person who committed the murder.
- For accessories after the fact, the maximum imprisonment is three years, regardless of the initial offense.
Contact our law firm for additional details. The Hedding Law Firm is located in Los Angeles, CA.
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