Assisting someone to perpetrate a criminal act is a criminal offense. A person who aids in the execution of an offense or urges someone else to do so before or while the act is being committed is considered an accessory before the fact. If you have been accused of being an accessory before the fact, read on to understand what the charges entail and how to defend yourself.

What Does It Mean to Be an Accessory Before the Fact?

A person who aids in the commission of an offense by providing advice, direction, or facilitation but who is not physically or mentally present at the scene when the crime is executed is considered an accessory before the fact. For instance, John recruits Matt and Jack, two of his friends, to rob an enterprise, and he gives them weapons and disguises. John remains at home while Matt and Jack rob the bank. In this situation, John is an accessory before the fact.

The leading player who perpetrated the offense was subject to harsher penalties under common law than the individual who is considered an accessory before the fact. However, many states have dropped those distinctions. Someone who is charged with being an accessory before the fact would be just as guilty as someone who executes the offense directly.

For instance, California has done away with the common legal difference between the actual offender and the accessory before the fact. The State Legislature decided that everyone who participates in a crime as an accessory before the fact bears equal responsibility as the defendant who perpetrated the offense.

Because of this, the California Legislature passed statutes (such as Penal Code 31 and PEN 971) that declared that an accessory before the fact is an aider and abettor and held them accountable as offenders for the crimes they helped to commit.

As a result, California no longer considers an accessory before the fact to be a separate crime because the culpability for those activities was included in the punishment meted out to the aider and abettor as the main offender.

Accessory Before the Fact Examples

The following are some common examples of becoming an accessory before the fact while a crime is being committed:

  • Keeping watch
  • Keeping the getaway car's engine running, and
  • Providing the equipment required for a crime to be committed

Be aware that in some states, if you're not there when the offense is perpetrated, you're only considered an accessory before the fact. Additionally, while the statutes in certain jurisdictions require that an accessory before the fact provide aid or incitement before the execution of an offense, the laws in other places declare that you can be accused of this offense even when you assist while someone else is committing a crime.

Also keep in mind that in certain jurisdictions, you can only be charged with this crime if you assist someone else in committing a felony rather than a misdemeanor offense. For instance, according to Massachusetts statutes, if someone helps, advises, encourages, or allows the principal offender in perpetrating a "felony" crime, they are considered an accessory before the fact.

How Do California's Aid and Abetting Laws Compare to Accessory Before the Fact Statutes?

As a general principle, aiding and abetting acts entail providing some type of assistance in the execution of a criminal act. To put it another way, by acting or uttering something to encourage criminal acts. The charge of aiding and abetting tends to fall within what's recognized as the “accomplice liability” principle, which means the conduct of someone being criminally implicated.

According to the provision under California PEN § 31, any individual implicated in the execution of an offense, regardless of whether they committed the crime, is an aider and abettor in its execution.

Therefore, under California's PEN § 971, both individuals who commit the crime and also those who are typically considered to be "accomplices" or "accessories" are charged, prosecuted, and convicted as principals.

It's crucial to realize that you might be accused of being an accomplice to a crime without either committing the crime yourself or serving as the act's "principal." To establish a description of being an accessory to a criminal act, it's also necessary to define the following terminology:

  • Today, regardless of whether they were present during the execution of the crime, the phrase "aider and abettor" is frequently used to describe principals besides the offender
  • An individual who actively assists in the execution of a criminal act, even when they do not engage in the main criminal activity, is referred to as an accomplice. An accomplice is someone who, for example, assists in a burglary, by serving as the watch or the getaway driver
  • An accessory. Being an accomplice is not the same as being an accessory to a crime. To be considered an accessory, you have to provide motivation or guidance for a criminal act, but the action generally occurs before/after the criminal act has been perpetrated. An accessory is usually not there at the scene of the crime. Generally, an accessory is classified as either being an accessory after the fact or being an accessory before the fact
  1. An accessory before the fact helps, abets, promotes, instigates, or encourages a crime before it happens
  2. An accessory after the fact gives the offender a place to stay, aids them after the incident, or participates in a cover-up act

Examples of Aiding and Abetting

 You could be accused of aiding and abetting when you contribute to the execution of a criminal act without directly perpetrating the offense. The following are some common instances of aiding and abetting:

  • Driving the "getaway" car
  • Being on guard while another person executes a burglary
  • Offering an alibi for somebody who has perpetrated a criminal act
  • Giving information to somebody you believe will utilize it to perpetrate an offense
  • Driving a car into a one-way road while being aware that it would soon be carjacked
  • Helping in a rape or kidnapping act

Without a legal obligation to do so, merely observing a criminal act being perpetrated does not represent malicious intent and doesn't subject you to the indictment as being an aider and abettor, irrespective of whether damage could've been avoided if you would've taken action to stop the act from happening.

Elements a Prosecutor Must Prove

When one or more of the following events happens, you become an aider and abettor in the execution or attempted execution of an offense:

  • You act, help, support, encourage, or incite the execution of the offense with the understanding of the accused's unlawful intentions, and you do this with the aim or goal of perpetrating, promoting, or enabling the execution of the offense

In some jurisdictions, being an accessory to a crime is also known as being an "aider and abettor in the execution of the crime." California is one such example. The prosecutors must provide the evidence listed below to effectively demonstrate your guilt of aiding or abetting. The prosecutors must provide the evidence listed below:

  • Someone, other than you, engaged in criminal activity
  • You were aware of the person's criminal intent
  • You had the intent to help the offender execute the offense either before or while it was being committed, and
  • Your actions or words did, in reality, encourage the offender to commit the offense

For those jurisdictions that designate this crime, the aforementioned elements are quite comparable with those of being an accessory before the fact.

Penalties For California Accessory Before the Fact Charges

The penalties for an accessory accusation vary from state to state. Most people view an accessory after the fact charge as less serious than an accessory before the fact charge. Almost all jurisdictions have penal codes that classify them as unrelated offenses.

For instance, in California, the consequences of an accessory before the fact are comparable to those of the principal crime. If the principal offense is punishable by five years in jail, then if you helped in its execution you will also be penalized by five years imprisonment. Being an accessory to murder is the only charge that falls outside of this rule.

In light of the potential consequences, it is crucial to develop an attorney-client connection with an experienced criminal defense attorney to obtain legal guidance on the best course of action.

Legal Defenses to an Accessory Before the Fact Charge

Fortunately, a professional California defense attorney can provide several legal arguments to fight these charges for you. They include the following :

You Didn't Encourage, Assist, Facilitate, or Otherwise Support the Execution of the Crime

You are not criminally culpable for being an accessory before the fact if you did not encourage, enable, or otherwise assist in the execution of the offense in any manner.

Imagine that you and your companions are riding in a vehicle when your friend, who is driving, decides to raid a liquor shop. You stay in the vehicle as he and a second passenger storm into the store, brandish a gun, and steal cash from the till. However, when you initially got into the automobile, you were unaware of their plans and made no effort to make it happen. You should not be held accountable for the crime because you were "simply present" in this situation.

The claim that you helped, facilitated, or promoted a crime may have been misconstrued in different ways. In the end, you must be exonerated from any accessory culpability under California PEN 31 when you didn't knowingly partake in any one of these activities.

False Allegations

It is simple for anyone to make up claims against you since there's no requirement for tangible evidence that you helped another person commit a crime. This will most probably be the scenario, for instance, if he/she was attempting to obscure his/her unlawful involvement by blaming you for the scheme's instigation.

Someone could accuse you of committing a criminal act in which you had no involvement out of resentment, envy, or anger.

You Were Under No Obligation to Take Any Action

It is important to emphasize that even though you are aware that a criminal act will be perpetrated, you take no action to stop it:

  • Under Penal Code 31, you aren't considered an aider and abettor except if you are required to take action by law

Additionally, since legal obligations are uncommon and should be expressly granted to you legally, they won't be used very frequently. For this reason, you normally won't be found guilty of aiding and abetting if you only know about the actual crime.

You Only Enabled the Criminal Act After It Had Been Committed

You aren't guilty of being an aider and abettor when you actually assist in the crime's execution but only follow its execution. However, you could end up facing accessory after the fact charges. (An accessory before the fact is another term for an aider and abettor.) According to PEN 31, those who become accessories after the fact will not be treated as accomplices but rather will face charges of obstructing justice.

As a result, you will probably receive a far less sentence if you're found to have been an accessory after the fact rather than an accomplice. For instance, a person who aids and abets a carjacking may receive up to nine years behind bars (just like the actual offender would). In contrast, becoming an accessory after the fact carries a maximum sentence of 3 years in state prison.

Duress

One of the four most significant legal defenses, duress/coercion, is a legal argument that can be used by offenders to assert that they shouldn't be held accountable for breaking the law since the acts were only undertaken as a result of imminent fear of harm. It should be noted that a duress argument under criminal statutes is comparable to a guilty plea, conceding some fault, hence it could potentially result in an expedited criminal conviction.

No Felony Was Committed

California classifies certain crimes as wobblers. This indicates they could be prosecuted as either misdemeanors or felonies. If you deliberately assisted the offender after the act had already been committed and the crime was prosecuted as a felony offense, you could potentially be prosecuted with accessory after the fact charges. You might be prosecuted for another felony, such as obstructing justice, when the offense is classified as a misdemeanor, but you might not be penalized for accessory after the fact.

Please note that although you may be able to assert a legal argument, the best defense will require the services of an experienced criminal defense lawyer.

A criminal defense attorney will be able to determine which sort of defense best fits the case's circumstances. The majority of law firms and offices offer consultations at no cost. This implies that you can receive free legal advice. Additionally, discussions with a criminal defense lawyer are shielded by the attorney-client agreement. This bond prohibits attorneys from disclosing client correspondence without the defendant's permission.

What Does "After the Fact Accessory" Mean?

It is important to emphasize that an accessory after the fact is a distinctive charge from an accessory before the fact charge. If you assist someone after they commit a criminal act other than assisting them during or before the execution of the offense, you will face accessory after the fact charges.

PEN 32, also referred to as "accessory after the fact," primarily entails assisting someone who has perpetrated a crime. You took one of the following actions once they had executed their criminal offense:

  • Hide
  • Conceal
  • Harbor
  • Assist them in avoiding the authorities
  • Assist them financially
  • Create a misleading alibi for them
  • Drive the getaway vehicle, or
  • Assist them in any way you can.

You might be charged with being an accessory after the fact if you had been aware of their criminal activity. The California wobbler charge of accessory after the fact under PEN 32 allows the prosecution to pursue the charge as either a felony or a misdemeanor offense.

What Should You Do If You Are Charged As An Accessory To A Crime?

You should not respond to any queries or make any statements. Inform the officer that you're exercising your right to stay silent and also that you wish to speak with a criminal defense attorney.

Making an effort to justify your actions won't convince the cops that you are not guilty. People who speak to the authorities without a lawyer present almost always make situations much worse. Do not get in touch with the individual who is accused of perpetrating the crime once you are discharged from detention. Avoid discussing the act or the accusations against you with anyone other than your criminal attorney. You run the risk of having your words utilized against you during the trial.

Instead, engage with your counsel to compile evidence that supports some or all of the accessory arguments. You might receive more instructions from your lawyer. The best thing you can do for yourself would be to pay attention to your attorney's advice and follow it.

Your lawyer is trying to create a defense plan that offers you the strongest opportunity for a successful settlement of your criminal trial. Don't make his or her work harder by dismissing his or her counsel.

Find a Los Angeles Criminal Defense Lawyer Near Me

The possible repercussions of an accessory before the fact or aiding and abetting charges are too severe to bear by yourself or count on a public defender who could be already overwhelmed by other cases. You will require the services of a criminal defense lawyer who will devote their time to your matter. We at the Los Angeles Criminal Lawyer have the many years of expertise required to represent you against these accusations. Call us today at 310-502-1314 to schedule a consultation with a representative in Los Angeles.