What is an accessory after the fact? Someone can be charged as an accessory after a crime if they aid or assist the individual who committed a crime under California Penal Code 32. To convict someone of accessory after the fact, prosecutors must prove that the original perpetrator committed a felony.

Then, the person charged with accessory after the fact hid that person or aided that person sometime after the crime was committed. If they can prove these things, they can charge the person with accessory after the fact, and the individual could face a felony charge and time in prison or county jail.

To properly evaluate whether you should be charged with accessory after the fact or whether the case should be dismissed, you need to meet with a criminal defense attorney. A competent attorney who has handled these cases and understands the concepts that make a person guilty of accessory after the fact can help you navigate the legal process. They can determine if the chain of causation was broken, i.e., if the person is not aiding or helping an individual who committed a felony.

Another significant issue is whether the person allegedly aiding or helping is an accessory after the fact, specifically whether that person is aware that the perpetrator of the original crime has committed another crime. If the person lets him in the house, for example, but has no idea whether he committed a crime, they obviously cannot be guilty of the crime of accessory after the fact. Our Los Angeles criminal defense attorneys will explain further below.

Legal Defenses for Accessory After the Fact – PC 32

To defend an accessory after the fact case, you will have to be able to argue that you had no idea that the person they are claiming you helped commit any felony offense. Another argument is that you were in a stressful situation and felt compelled or threatened into helping the person. Sometimes, you're at your home, in your car – you're somewhere, and you mind your own business – and somebody puts you in a challenging position because they've committed a crime, and now they're asking you to help them.

If that person is armed with a weapon or is acting strangely, and you feel threatened, just because you helped them doesn't necessarily mean that you should be charged and convicted of accessory after the fact. So, several different defenses can be utilized in this accessory after-the-fact case, but it will spin and be determined on the facts of your particular case.

Every case is unique, and not all cases are the same. Therefore, it's crucial to sit down with an attorney and provide them with all the information related to your case without omitting anything or putting any spin on it. This will help your attorney understand your situation better and provide you with the personalized legal advice you need.

Best Strategy if You're Charged?

Your best strategy is to sit down with a criminal defense attorney who has handled these cases and achieved successful results. Also, if your attorney knows a local courthouse where the issue is pending, has dealt with the judges there and the prosecutors there, and knows and understands their tendencies on these cases, that would put you at a considerable advantage.

If the prosecutors have issues proving the accessory after the fact case, it may be possible to have the charges dismissed. If dismissal is not an option, your attorney may be able to negotiate a plea deal to mitigate the charges to a lesser offense. This could result in probation, a misdemeanor charge, or even the possibility of having the matter expunged from your record.

To put yourself in the best position to get your matter dismissed or mitigated down to something less, you will need to assist your attorney with getting character letters and giving your version of events.

It's often the case that the police only hear one side of the story in an accessory after-the-fact case. It's up to your criminal defense attorney to provide them with all the necessary information. By being proactive and providing your attorney with a detailed account of the events, you can empower them to represent you effectively and expedite your exit from the criminal justice system.