Principal Liability vs. Aiding and Abetting vs. Accessory After the Fact

California criminal law recognizes the roles of individuals who assist or contribute to a crime but are not the principal actors. Liability for principals (those who commit the crime), accomplices (those who aid and abet the crime), and accessories after the fact (those who help offenders evade justice) differs significantly. Principals and accomplices face the harshest penalties for their direct involvement in the crime.

Aiding and abetting refers to a person who actively participates in or encourages the commission of a crime. Individuals who aid and abet a crime are considered accomplices and can face criminal charges just as if they were the principal actors.

For example, imagine that Alex and Ben plan to rob a convenience store. Ben enters the store, brandishes a weapon, and demands money while Alex waits outside as a lookout. Ben is the principal actor, while Alex is an accomplice who aids and abets the crime.

The consequences for aiding and abetting are significant. In California, accomplices are generally subject to the same penalties as the principal actors. This means that Alex, who aided and abetted the robbery, can face the same punishment as Ben, who committed the actual robbery, which usually involves a state prison sentence. The theory behind this concept is that because Alex helped facilitate the commission of the robbery, he is just as culpable of the robbery as Ben.

Being an accessory after the fact involves helping a criminal evade arrest, trial, or punishment after the crime has already been committed. This assistance can take various forms, such as hiding the offender, providing false information to law enforcement, or destroying evidence.

For example, imagine that Sarah murders someone, and her friend Mike, after learning about the crime, helps Sarah flee the state, provides her with a new identity, and conceals evidence of the murder. In this case, Mike is an accessory after the fact to murder.

The consequences for being an accessory after the fact in California are different from being an aider and abettor. Accessory after the fact is generally a separate, lesser offense than the underlying crime. While it is still a serious charge, the penalties are typically less severe than those faced by the principal actor.

Timing: Aiding and abetting involves actively participating or encouraging the commission of a crime before or during its execution. In contrast, being an accessory after the fact occurs after the crime has been committed, and involves actions taken to shield the offender from legal consequences.

Liability: Aiding and abetting makes the accomplice liable as if they were a principal actor in the crime, facing the same penalties. Being an accessory after the fact results in separate charges and lesser penalties.

Intent: Aiding and abetting requires that the accomplice intended to aid or encourage the commission of the crime. Accessory after the fact involves assisting the offender without necessarily intending to facilitate the original crime.

As previously mentioned, aiding and abetting carries the same penalties as the principal actor. The severity of the consequences depends on the underlying crime. For instance, if the underlying crime is a serious and violent felony like murder, the accomplice may face imprisonment for years or even life in prison, depending on the circumstances.

In contrast, being an accessory after the fact is a separate offense, usually classified as a misdemeanor or a low-level felony. The penalties typically involve imprisonment for a shorter duration than the underlying crime, probation, fines, or a combination of these.

If you are facing criminal charges for being an accomplice or accessory after the fact, it is absolutely critical that you discuss your case with a As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles criminal defense attorney Michael Kraut has an extensive knowledge of the legal concepts surrounding accomplice liability.

For more information about the criminal justice process, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc. located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (323) 464-6453.