California Penal Code § 32 PC – Accessory After the Fact
Under California Penal Code 32 PC, a person is guilty of accessory after the fact if they knowingly assist someone who has committed a felony in order to help them avoid arrest, trial, conviction, or punishment. The law states:
“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, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony.”
Unlike aiding and abetting, which occurs before or during a crime, being an accessory after the fact applies only after a felony has been committed. Many people mistakenly believe that helping a family member or friend avoid law enforcement is not a crime, but even minor assistance—such as providing shelter, lying to police, or disposing of evidence—can lead to criminal charges under PC 32.
A conviction for being an accessory after the fact can carry serious penalties, including jail time, fines, and a permanent criminal record. Below, we break down the legal definitions, penalties, and potential defenses to help you understand the charges and your legal options.
What is Accessory After the Fact Under California Penal Code 32 PC?
Being charged as an accessory after the fact under Penal Code 32 PC means that a person knowingly helped someone who committed a felony avoid arrest, trial, conviction, or punishment. This charge applies only after the crime has already taken place.
To convict someone of being an accessory after the fact, prosecutors must prove:
- A felony was committed.
- The defendant knew the person they assisted had committed, been charged with, or convicted of a felony.
- The defendant intentionally helped the person avoid law enforcement, prosecution, or punishment.
- The defendant’s assistance was provided after the crime had already occurred.
This crime is different from aiding and abetting, which applies when someone helps plan, commit, or participate in a crime before or while it is happening. Accessory after the fact applies only to actions taken after the felony has been committed.
Even seemingly small actions—such as providing transportation, hiding someone in your home, or misleading the police—can result in criminal charges under Penal Code 32 PC.
How is Accessory After the Fact Different from Aiding and Abetting?
Although both accessory after the fact and aiding and abetting involve helping someone who has committed a crime, they are legally distinct offenses under California law.
- Aiding and Abetting (Penal Code 31 PC) applies when a person assists, encourages, or facilitates a crime before or while it is being committed. This can include helping plan the crime, acting as a lookout, or providing weapons or tools used in the offense.
- Accessory After the Fact (Penal Code 32 PC) applies only after the crime has already been committed and involves helping the perpetrator avoid arrest, prosecution, or punishment.
Aiding and abetting can result in the same charges and penalties as the principal offender since the person is considered an active participant in the crime. In contrast, being an accessory after the fact is a separate offense with different penalties, usually less severe than the crime itself.
For example:
- If someone drives a getaway car during a robbery, they could be charged with aiding and abetting and face the same robbery charges as the main offender.
- If someone helps a robber hide from the police after the crime, they could be charged as an accessory after the fact, facing separate penalties under Penal Code 32 PC.
When Can You Be Charged With Accessory After the Fact in California?
To convict someone as an accessory after the fact, prosecutors must prove the following elements:
- A Felony Was Committed – The primary crime must have been a felony, not a misdemeanor.
- The Defendant Knew About the Crime – The accused must have had actual knowledge that the person they helped committed a felony.
- The Defendant Helped the Felon Avoid Justice – The person must have taken specific actions to assist the felon in evading arrest, prosecution, trial, or punishment.
Common Situations That Lead to Charges
People can face accessory after the fact charges for various reasons, including:
- Hiding a suspect from law enforcement after learning they committed a felony.
- Providing transportation to help the person flee the area.
- Lying to police or destroying evidence to protect the suspect.
- Giving financial or material assistance, such as money, food, or shelter, to help the fugitive avoid arrest.
Since intent is a critical factor, a person cannot be convicted unless they knew the individual had committed a felony and willfully acted to help them avoid justice. If the person was unaware of the crime or was forced to assist under duress, legal defenses may apply.
Penalties for Violating California Penal Code 32 PC
Being an accessory after the factis classified as a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on the case’s circumstances and the defendant’s criminal history.
Misdemeanor Penalties:
- Jail Time: Up to 1 year in county jail.
- Fines: Up to $5,000.
- Probation: Summary (informal) probation may be an option in lieu of jail time.
Felony Penalties:
- Prison Time: 16 months, 2 years, or 3 years in state prison.
- Fines: Up to $5,000.
- Formal Probation: May include conditions like community service or mandatory counseling.
Offenses Related to Accessory After the Fact in California
- Aiding and Abetting (Penal Code 31): Assisting or encouraging someone in committing a crime before or during the offense.
- Harboring a Fugitive (Penal Code 4530): Providing refuge to someone escaping custody.
- Obstruction of Justice (Penal Code 148): Resisting, delaying, or obstructing a law enforcement officer in the performance of their duties.
- Conspiracy (Penal Code 182): Agreeing with others to commit a crime, accompanied by an overt act to further the plan.
Legal Defenses Against Accessory After the Fact Charges
Lack of Knowledge
To be convicted, the prosecution must prove that you knew the person you helped had committed a crime. If you were unaware of their criminal actions or did not know they were being pursued by law enforcement, you may have a strong defense.
No Intent to Assist in Avoiding Arrest
The law requires that the accused took deliberate action to help the offender avoid arrest, trial, or punishment. If your actions were not intended to protect the suspect from the authorities—for example, if you provided assistance out of fear or without knowing the full situation—this could serve as a valid defense.
You Were Under Duress
If you were forced or threatened into helping the suspect, this may be a defense to the charge. For example, if the person committed a crime and then threatened you or your family to make you help them, you could argue that you acted under duress.
Mere Presence Is Not Enough
Being present when someone commits a crime or discussing the crime after it happened is not enough to be convicted under Penal Code 32. The prosecution must show that you actively helped the person escape arrest or punishment.
Illegal Search and Seizure
If law enforcement obtained evidence against you through an unlawful search or seizure, your attorney may be able to challenge that evidence in court. If key evidence is suppressed, the prosecution’s case may be significantly weakened.
Contact a Los Angeles Criminal Defense Attorney for Accessory After the Fact Charges
If you or someone you know is facing charges of being an accessory after the fact, it is critical to contact an experienced Los Angeles criminal attorney. These charges carry serious consequences, including potential jail time and a permanent criminal record.
At The Law Offices of Arash Hashemi, we have over 20 years of experience successfully defending clients in Los Angeles, Santa Monica, Beverly Hills, Westwood, and surrounding areas. Attorney Arash Hashemi will thoroughly review the specifics of your case, challenge the evidence brought by the prosecution, and craft a defense strategy tailored to your circumstances.
Don’t let these charges define your future. Take the first step toward protecting your rights and freedom—contact our office today for a confidential consultation.
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