An accessory to murder is any person who assists or helps the actual perpetrator before or after committing a murder. An accessory does not have to be present at the crime scene. The offense of being an accessory to murder is a felony offense, and a conviction can lead to several years' imprisonment in a state prison. Facing accessory to murder charges can be a daunting experience. Even if you did not commit the murder yourself, California law treats the offense with the utmost seriousness.
In addition to lengthy prison sentences, a conviction can cause permanent damage to your personal or professional life. An accessory to murder charge is complex and depends on specific legal facts and definitions. Understanding what qualifies as an accessory to murder, how prosecutors build cases, and the potential penalties for the offense is the first step to protecting your rights. Whether you face charges for aiding before or after the murder, the stakes are high, and you need an aggressive legal defense.
Understanding Accessory To Murder
As outlined by the California Penal Codes 31 and 32, accessory to murder refers to anyone who abets, aids, or assists another person in relation to a murder. This can include many actions, like helping someone to plan a murder, covering up the offense, or helping the perpetrator avoid an arrest. Accessory to murder is different from being the principal perpetrator. While the perpetrator is the person who commits the offense, an accessory is anyone who offers support before and after the murder without participating in the killing directly.
There are two categories of accessories to murder:
- Accessory before the fact involves helping or encouraging a crime before it occurs. You can be an accessory before the fact if you provide a weapon, advice on how to commit the murder, or transportation to the murder scene.
- Accessory after the fact involves helping the perpetrator after committing a murder. It can include disposing of the evidence, harboring the fugitive, or lying to law enforcement officers.
While aiding and abetting can lead to the same punishment as the principal offense, the term "accessory before the fact" is not commonly used in California law; instead, such individuals are charged as principals under aiding and abetting statutes. Accessory after the fact is usually treated as a separate offense.
California law defines murder as an offense whereby someone kills another person with malice. The perpetrator must have acted with malice aforethought to face murder charges. Acting with malice aforethought means that the perpetrator committed the murder either intentionally or on purpose. The perpetrator must have acted with an intentional or conscious disregard for human life.
Aiding or Contributing To The Commission of an Offense
You will face charges as an accessory before the fact if you help the perpetrator before committing the murder. You can be charged as an accessory after the fact if you assist the offender following the commission of the murder. For example, you can support the perpetrator by waiting in the getaway vehicle and driving them away from the crime scene. This way, you will be acting as an accessory after the fact.
If you help the perpetrator choose a weapon to use when committing the offense, you will face charges for accessory before the fact. You can only face charges as an accessory to murder if the prosecutor proves that you knew about the crime when you acted, or you should have known that the person you were helping was going to commit murder or had already committed murder.
If you help a perpetrator after committing a crime, the person you are helping is called the principal offender. You will not face the same charges as the principal offender.
If you are an accessory before the fact, you will face the same charges as the main perpetrator. You will not face charges for the underlying offense when you are an accessory after the fact. Being an accessory to murder is a felony offense. A conviction for accessory after the fact can lead to imprisonment up to 15 years in a state prison. If you serve as an accessory before the fact, you can face harsher penalties than if you act as an accessory after the fact.
Aiding Or Abetting
The offense of accessory before the fact is also known as aiding and abetting. The California Penal Code 31 outlines the crime of aiding and abetting. The law makes it a crime to aid, encourage, or facilitate the commission of an offense. If you help or abet in the commission of a crime, you could face the same penalties as the person who committed the offense. The prosecutor must prove the following elements to accuse you of being an aider or abettor:
- You knew about the offender’s illegal plan.
- You facilitated or encouraged the execution of the offender plan on purpose or intentionally.
- You instigated, aided, or promoted the crime.
Most people assume you can only be an abettor if you promoted or encouraged the criminal activity before it occurred, but this is not always true. You can commit the offense of aiding and abetting simultaneously as the perpetrator commits the murder. Under the accomplice liability theory, the judge can consider you guilty if it is evident that you got to learn about the offense during its commission. Still, you encouraged, facilitated, or promoted its commission.
When determining your charges under Penal Code 31, the judge will decide whether or not you acted intentionally or knowingly while aiding and abetting. In the offense of aiding and abetting, your behavior or actions do not need to have been a substantial factor in the commission of the crime. If you are concerned about the crime, you can face aiding and abetting charges, no matter how slight your contribution is.
Some of the examples of how you can be an accessory before the fact include the following:
- Keeping the vehicle engine running to help the murderer escape after committing the offense
- Looking out for the perpetrator to ensure that he or she is not caught committing the crime
- Driving the getaway car
You can still face aiding and abetting charges even if you are not capable of committing the crime of murder or another felony offense yourself. Aiding and abetting can sound like the crime of conspiracy; the crimes are related. However, the crimes are distinct. For you to be considered a conspiracy to murder, there must have been an agreement for you to participate in the offense. However, for aiding and abetting, no agreement is required.
You Will Not Face Charges As an Accomplice
If you act as an accessory before the fact or if you aid or abet the commission of murder, the prosecutor will not charge you as an accomplice. Under California law, the prosecutor will assign charges for the underlying offense. The prosecutor will then present your case as a theory that you acted as an abettor or aider to the perpetrator. Some of the facts that will be considered when establishing whether you acted as an abettor include the following:
- Whether you were present at the crime scene
- Companionship
- Your conduct before and after the commission of the crime
These are some of the facts that come into play when deciding whether you are an accomplice. However, these factors are inconclusive, as the prosecutor and the court will consider the other relevant factors.
You Do Not Have To Be Present At The Crime Scene
You do not need to be present at the crime scene to be an accessory before the fact. In addition, you do not need to have physically or logistically assisted in committing the murder. If you encouraged, instigated, or promoted the commission of the murder, it is enough for you to face accessory to murder charges. Under Penal Code 31, the prosecutor must prove that you directly or indirectly helped the perpetrator or encouraged them using words and gestures. Even if your contribution was only slight, you can still face charges.
Knowing About A Murder Does Not Make You An Accessory
You would not be considered an accessory before the fact if you knew about a murder that was to be committed or was committed but did not report it. Knowledge alone is not enough to make you face accessory to murder charges. However, you can face charges as an abettor or aider if you had a legal duty to take the necessary steps to prevent the murder, but you failed to do so.
A legal duty to stop an offense is imposed on particular people. Some professionals, like teachers and doctors, are legally responsible for reporting criminal activities or abuse. According to California law, parents must exercise care, protection, control, and supervision over their minor children. If you must prevent an offense from happening, but you do not do it, you can face accomplice liability as outlined by Penal Code 31.
Aiding And Abetting Penalties
If you face accessory before the fact charges, also known as aiding and abetting, under California law, you can face similar charges as the principal offender. This means you will face the same penalties or punishment as the person who committed the crime.
Some defenses can apply to the actual murderer, but these defenses might not apply to the accessory. If you are an aider or abettor in an offense, you will not only face charges similar to the principal perpetrator, but you can also be held liable for additional natural and probable offenses of the underlying offense. Natural and probable consequences are the predictable occurrences resulting from an offense. Whether a crime is a natural and probable consequence of the underlying offense is something that the jury decides.
Murder Charges Under California Law
California law defines murder as killing another person with malice or malice aforethought. Murder is categorized into two degrees:
- First-degree murder
- Second-degree murder.
You can face first-degree murder charges if you kill another person with deliberation, premeditation, or lying in wait. Second-degree murder charges apply when the perpetrator kills another person through an intentional act. However, unlike first-degree murder, the defendant does not contemplate or think about the murder beforehand. Murder is a felony offense, and the punishment can include imprisonment in a California state prison.
If you are an accessory to murder before the fact, you will face charges under Penal Code 31 for aiding and abetting. If you are an accessory after the fact, you will face charges under Penal Code 32. You can face charges under Penal Code 32 if you conceal, harbor, or help someone despite knowing that the person has committed murder or another felony.
Violation of PC 32 is a crime, and the prosecutor can charge it as a misdemeanor or felony. If you face misdemeanor charges, the possible consequences include:
- A jail time of up to one year in a county jail
- A fine not exceeding $5,000
If you face felony accessory after the fact charges, you can face the following charges:
- Jail time not exceeding three years in a county jail
- A fine not exceeding $5,000
Relevant Legal Defenses
When you face accessory to murder charges, you should hire an experienced attorney to help you create a defense to fight against your charges. With the help of an experienced attorney, you can employ several defenses to fight the charges against you. Some of the applicable defenses include the following:
- You did not know that the perpetrator had committed murder or was planning to commit murder.
- The principal perpetrator did not commit a murder.
- You acted under duress. Acting under duress implies that you did not act out of your free will but that another person made you commit the crime. For example, you can point out that you served as an accessory to murder because the principal perpetrator threatened to hurt you if you did not help them in executing the crime.
The following are other legal defenses that you can use to fight accessory to murder charges:
You Did Not Aid, Encourage, Or Facilitate the Offense
You cannot be guilty of accessory after the fact if you did not facilitate, aid, or encourage the commission of murder or other felony. For example, you could have been a passenger in a vehicle, and the other passengers may have decided to rob a house. You remained in the vehicle as the people entered the house and shot the occupant. In this case, you can state that you did not know that the other passengers planned to rob you when you entered the vehicle. In addition, you can point out that you did nothing to aid the robbery or the killing. You were just present in the vehicle, and this led to murder charges. The definition of an accessory to murder can be taken out of context. However, if you did not contribute to the crime, you should not face charges for aiding or abetting under PC 31.
Withdrew From Aiding The Murder
You can defend yourself against accessory to murder charges by claiming that you withdrew from aiding the murder. You can show that you withdrew through any of the following:
- Informing the other people involved in committing the crime about your intention to withdraw from executing the crime
- Doing everything possible to ensure that the perpetrator does not commit the offense
You can use the fact that you withdrew from executing the crime to fight your charges. For example, if you and the perpetrator had planned to kill a victim, but you decide you no longer want to go on with the plan. You tell your partner you are abandoning the plan and urge them to abandon it. However, your partner decides to execute the murder while you call the police and inform them about the planned murder. However, by the time the police come, your partner has already killed the victim.
In this case, you can fight the charges for the offense by stating that you informed the police. The defense, however, might not apply in some cases. For example, if you just informed your partner of your withdrawal but did not take another action, like informing the police, you cannot claim that you did everything possible to prevent the offense. Therefore, you can still face charges for being an accessory to murder.
False Accusations
No tangible evidence is required to prove that you aided or abetted the killing of another person. Therefore, it is easy to be falsely accused of aiding or abetting a crime. Someone can accuse you of being an accessory to murder to divert their liability and make you seem like the one who planned or assisted in the execution of the crime. Other reasons for false accusations include anger, revenge, and jealousy. You should contact an attorney who understands the effective ways of investigating and reviewing the false accusations against you.
Find An Experienced Criminal Attorney Near Me
Facing accessory to murder charges can be an overwhelming experience, but a reliable legal defense can make all the difference. At the Los Angeles Criminal Lawyer, we have experienced attorneys who have represented clients facing serious felony charges, including murder and accessory to murder. Our aggressive attorneys are results-driven, which has earned us the reputation of being the go-to criminal defense attorneys. Do not face your charges alone. Contact us today and take the first step towards protecting your rights and future. Call us at 310-502-1314 to speak to one of our attorneys.
