Accessory After the Fact

California Penal Code 32 -- Accessory After The Factaccessory

When a friend or loved one gets into trouble, the natural instinct may be to go any and all lengths to protect that person. In certain situations, however, this act can constitute a felony criminal offense. California Penal Code Section 32 defines what it is to be an “accessory after the fact.” A person violates Penal Code Section 32 when they help an individual who has committed a felony escape from arrest, trial, conviction or punishment. This offense is classified as a “wobbler” that can be charged as either a felony or a misdemeanor.

Keep in mind that charges under California Penal Code § 32 involve any act to assist someone after they commit a felony. This is why the punishment for the “accessory” is typically much lighter than the principal they help. When there is premeditation or planning that is evident, prosecutors are more likely to view the facilitator as a “coconspirator” rather than an “accessory after the fact” and thus subject to punishment for the underlying offense. Meaning, the punishment is the same for the person that commits the crime as the person who is the accessory. Please read the website page on California Conspiracy charges for more details. A typical example of the severe punishment for the accessory would be the getaway driver or an accomplice who acts as a lookout during a robbery. This person will be punished the same as the person who commits the robbery.

In order to prove someone is guilty of California PC § 32, the prosecutor must be able to establish that the defendant knowingly harbored, concealed or aided a person with knowledge that the person had committed, was charged with, or was convicted of a felony and with purpose of protecting him or her from arrest, trial, conviction or sentencing. Prosecutors will consider a number of factors, such as the defendant’s presence or proximity to a crime scene, the relationship of the defendant to the principal, and the defendant’s knowledge of the underlying felony.

Accessory after the fact usually takes the form of acts such as hiding an offender, helping someone flee the scene of a crime, destroying evidence, or misleading law enforcement officials. There are a number of defenses that may apply, depending on the facts and circumstances of the case. If the defendant did not have knowledge of the principal’s felony, or if there was no underlying felony, then there is no criminal liability under California Penal Code § 32. Additionally, there are many situations where the “accessory” is acting under duress or threats by the actual perpetrator, and has no choice but to comply in assisting them. Prosecutors will often take such circumstances into consideration.

Being an accessory after the fact in violation of California Penal Code Section 32 is a serious offense that can stem from a seemingly innocuous act. People who have never been in trouble before can find themselves suddenly charged with a felony because they thought they were doing the right thing and helping a loved one. Because of the gravity of the offense, if you are charged with a being an accessory after the fact, it is imperative that you have a skilled and knowledgeable defense attorney on your side. Los Angeles Criminal Defense Attorney Michael Kraut is a former deputy district attorney who can effectively mount a defense to charges of accessory after the fact. In addition, in many cases Mr. Kraut can intervene and work with prosecuting and law enforcement agencies before charges are even considered to help prevent a criminal filing.

For more information about accessory after the fact, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
Today
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.