Los Angeles Accessory After the Fact Defense Attorney

When someone you care about faces felony trouble, the instinct to step in and “fix” things can be overwhelming. In California, however, helping a suspect after a felony has already been committed can expose you to felony liability of your own. Under Penal Code § 32, the statute that creates the crime of being an accessory after the fact, even well-intentioned acts such as hiding a car, buying a bus ticket, or giving a false alibi can lead to handcuffs, jail, stiff fines, and a lifelong criminal record. If you are charged with being an accessory after the fact, you must have a skilled and knowledgeable criminal defense attorney.

At Kraut Law Group Criminal & DUI Lawyers, Inc., former Senior Deputy District Attorney Michael Kraut leads a defense team that has spent decades litigating Penal Code 32 accusations in every courthouse across Los Angeles County. Below you’ll find a comprehensive guide explaining what the law says, how prosecutors build these cases, the unique procedures now in effect in L.A. courts, the defenses that work, and why immediate, strategic intervention by an experienced local lawyer can often keep charges from being filed in the first place.

Penal Code § 32 makes it a crime to “harbor, conceal, or aid a principal” in a felony “with the intent that said principal may avoid or escape from arrest, trial, conviction, or punishment,” knowing the underlying offense was a felony or felony charge.

In plain English, you become an accessory after the fact when:

• A felony was committed (or the person has been charged with / convicted of a felony);
• You knew about that felony status;
• You hid, helped, or otherwise assisted the offender after the crime; and
• Your purpose was to help the offender avoid the justice system.

• Driving a getaway route after receiving a late-night call from a panicked friend.
• Allowing a cousin wanted for a gang-related shooting to sleep on your couch.
• Deleting surveillance footage or tossing a firearm.
• Texting false statements to detectives to provide an alibi.

Even seemingly minor assistance – e.g., “I just gave him bus fare” – can satisfy the statute if prosecutors believe the goal was to help the felon stay out of custody.

• Aiding & Abetting (PC 31)
  • Timing: Before or during the crime
  • Required Intent: Intent that the felony succeed
  • Maximum Exposure: Same punishment as the principal
• Conspiracy (PC 182)
  • Timing: Before the crime + overt act
  • Required Intent: Agreement to commit a felony
  • Maximum Exposure: Same punishment as the principal in most cases
• Accessory After the Fact (PC 32)
  • Timing: After the felony
  • Required Intent: Intent to help a felon avoid justice
  • Maximum Exposure: Wobbler – up to 1 year (misdemeanor) or 3 years (felony)

Because the assistance occurs after the crime, accessories are punished less severely than actors who planned or executed the underlying felony.

• Classification and Custody Exposure
  PC 32 is a “wobbler.” The District Attorney may file it as:
  • Misdemeanor: Up to one year in county jail and/or a $5,000 fine.
  • Felony: 16 months, two, or three years in county jail under Realignment (Penal Code 1170(h)) and/or up to a $5,000 fine.
  Judges can also impose formal probation with conditions like community labor, stay-away orders, or electronic monitoring.
• Zero-Bail & Pre-Arraignment Release in L.A.
  Since October 1, 2023, Los Angeles County’s “Safe and Fair Pre-Arraignment Release Protocols” have sharply limited money-bail requirements for nonviolent, non-serious felonies and most misdemeanors. Many PC 32 arrestees are now cited-and-released or freed on their recognizance after an individualized risk assessment rather than having to post a traditional schedule-based bail.
• Immigration & Licensing Fallout
  Federal immigration authorities often treat accessory convictions as crimes involving moral turpitude because they obstruct justice; non-citizens accused of PC 32 must consult counsel immediately to avoid removal proceedings. Nurses, teachers, real estate brokers, and other licensees face mandatory reporting to their boards and potential suspension. A felony conviction also triggers a 10-year firearm ban under Penal Code 29800.
• Expungement Eligibility
  Misdemeanor PC 32 convictions are expungeable once probation or a jail term is completed. Felony convictions that include custody time in county jail (not state prison) may also be reduced to misdemeanors under Penal Code 17(b)(3) and then expunged, restoring many civil rights and improving background checks.

Key Evidence They Look For

• Statements: Text messages (“You can hide out here”), jail phone calls, or social-media DMs.
• Physical acts: Opening your garage, buying a bus ticket, wiping fingerprints.
• Forensic links: GPS data showing you drove the getaway route.
• Relationship inferences: Close family ties or gang affiliation.

Weak Points of the Defense Exploits

• No Knowledge: You had no idea the friend’s crime was a felony. (Example: believing a petty theft shoplift, not a robbery.)
• No Assistance: Mere presence or silence is insufficient; an affirmative act must exist.
• Duress: You assisted only because you were threatened with violence.
• No Underlying Felony: If the principal is acquitted or the charge is reduced to a misdemeanor, PC 32 liability evaporates.
• Withdrawal / Abandonment: Promptly notifying police or refusing further aid can negate intent.

• Arrest & Booking. Under the 2023 protocols, many accessory suspects are either cited and released on the scene or booked and released after risk screening. Violent felony accessories, however, still see a magistrate within 24 hours.
• Pre-filing Intervention. Kraut Law Group Criminal & DUI Lawyers, Inc. often contacts the filing deputy before arraignment, presenting exculpatory evidence or mitigation to convince the D.A. to reject or file as a misdemeanor.
• Arraignment. This occurs at one of L.A. County’s 38 courthouses (Clara Shortridge Foltz, Van Nuys, Compton, etc.). Here, the judge addresses bail (if any), appoints counsel, and sets the next court date.
• Pre-trial Conferences. The defense gathers discovery, files suppression and Pitchess motions (to challenge police credibility), and negotiates with the Deputy D.A.
• Pre-trial Diversion / Negotiated Pleas. When the facts allow, we pursue informal diversion, “Office Hearings,” or plea agreements to non-wobbler misdemeanors (e.g., PC 148 – obstruction) that avoid immigration or licensing damage.
• Jury Trial. If necessary, we challenge the People’s evidence element-by-element and highlight reasonable doubt about knowledge, intent, or any underlying felony.

• Lack of Felony Knowledge
  • When it Works: You thought it was a misdemeanor or self-defense situation.
  • Evidence We Use: Texts showing shock, statements to others, and 911 calls you made.
• Duress / Necessity
  • When it Works: The felon threatened harm to you or your family.
  • Evidence We Use: Ring doorbell video, witness statements, prior threats.
• Innocent Presence / Bystander
  • When it Works: Police assume aid, but you did nothing.
  • Evidence We Use: Receipts, surveillance footage proving you left before help occurred.
• Withdrawal & Timely Assistance to Police
  • When it Works: You initially helped, but quickly tried to undo it.
  • Evidence We Use: Phone records for detectives, body-cam footage of your cooperation.
• No Underlying Felony
  • When it Works: Principal’s conduct is not a felony (e.g., misdemeanor battery).
  • Evidence We Use: Certified docket, plea paperwork from principal’s case.

• Former Prosecutor Advantage. Lead attorney Michael Kraut spent 14 years as a Deputy District Attorney in Los Angeles. He knows how filing deputies evaluate knowledge and intent – and how to expose gaps in their evidence.
• Local Court Reputation. Judges and prosecutors in Downtown, Van Nuys, Pasadena, Airport, Torrance, and the juvenile divisions have seen our meticulous pre-trial motions and ethical advocacy.
• Early-Intervention Track Record. We often stop charges at the complaint desk by quickly producing phone records, surveillance video, or witness declarations that prove lack of knowledge.
• Comprehensive Crisis Management. Immigration counsel coordination, licensing-board reporting strategies, record-clearing motions, and media containment when necessary.
• Client-Centered Communication. You will have direct cellphone access to your attorney, not just a receptionist, and you will receive honest risk assessments, not “arm-twisting”, about every plea offer.

Accessory-after-the-fact allegations often land on people who have never set foot in a courtroom. A single impulsive favor for a friend can become a felony charge that wrecks careers, immigration status, and family stability. The sooner you bring in a seasoned Los Angeles defense team, the more options you’ll have, including the possibility of no charges.

For a free, confidential consultation with a former L.A. Deputy D.A., call 888-334-6344 or 323-464-6453 or use our secure online form.