In California, helping someone after they commit a crime can make you an accessory, even if you were not involved in the original offense. Understanding this charge and knowing your options if accused is vital for protecting your rights.
What Does California Law Say?
According to California Penal Code §32: “Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, is an accessory to such felony.”
In other words, assisting someone in their attempt to avoid arrest or prosecution after they commit a felony makes you an accessory to their crime, which is also illegal.
Examples of Being an Accessory
Here are some situations that may lead to an accessory charge:
- Hiding a person in your home after they commit a robbery
- Giving money, transportation or a false alibi to someone on the run from the police
- Deleting text messages or destroying evidence to cover for a criminal
- Helping dispose of a weapon used in a felony
Intent is the defining factor. Prosecutors must prove that you knew the person committed a felony and that you intentionally helped them evade justice.
Accessory vs. Accomplice
People often use the terms “accessory” and “accomplice” interchangeably, but there are distinctions when it comes to charges and penalties.
- An accomplice helps commit the crime or encourages it while it is happening.
- An accessory provides aid to someone after they have committed a crime.
Criminal Consequences
Being convicted as an accessory to a felony is a serious offense. In California, it’s a “wobbler,” meaning it can be either a misdemeanor or a felony depending on the circumstances and the prosecutor’s discretion.
- Misdemeanor accessory charges can result in up to one year in county jail and fines totaling up to $5,000.
- Felony accessory charges can result in up to three years in state prison, plus higher fines and extended probation.
In addition to incarceration and fines, a conviction can impact your employment opportunities, professional licensing and immigration status.
When to Hire a Defense Attorney
Act quickly if you stand accused of being an accessory to a crime. You could still face charges, even if you were only helping a friend and didn’t know the full details of the situation. A skilled defense attorney will:
- Review the facts of your case and determine whether it’s possible to prove intent
- Challenge weaknesses in the prosecution’s case
- Work to have your charges reduced or dismissed
- Negotiate for alternative sentencing, such as diversion or probation, when possible
At the Law Firm of Salvatore Ciulla, we know how to handle complex criminal charges diligently and discreetly. With decades of experience protecting our clients’ rights, Sal Ciulla will fight for your freedom and ensure you receive a fair trial.
Don’t Risk Your Future
Don’t leave your fate in the hands of chance. Contact us today to schedule a confidential consultation. We’ll guide you through the legal process and help you win through fair legal representation.