For those who help a person guilty of a life felony or a 1 st -degree felony, the crime of accessory is a 2 nd -degree felony. A judge can impose any combination of the following penalties if there is no mandatory minimum sentence required:.
People who assist those accused of a 2 nd -degree or 3 rd -degree felony are committing the crime of accessory of the 3 rd degree. If found guilty a judge can impose any combination of the following if there is no mandatory minimum sentence required:. If someone assists a person accused of 3 rd -degree felony assigned a Level 1 or 2 offense, he or she is guilty of a 1 st -degree misdemeanor.
Conviction of a 1 st -degree misdemeanor can result in any combination of the following penalties:. There are two exemptions to a charge of aiding and abetting. Although you can still be punished if convicted as an accessory after the fact, the penalties you face are likely to be much less than if convicted as an accomplice to the underlying crime.
Generally, whether you are the person who commits, or attempts to commit the crime, or assists in its commission or attempt, you face the same penalties for that crime as if you were the actual perpetrator.
Pursuant to California Penal Code Section 32, if you harbor, aid or conceal a person who you know has committed a crime, you are an accessory to that felony. A charge of accessory after the fact is punishable as follows:. A jury must decide that a principal perpetrator committed the crime in which you aided and abetted. However, whether that person is acquitted or convicted of a lesser crime separate from you does not prevent your conviction as an aider and abettor.
This means that you can still be convicted as an accomplice to a crime even if the person standing trial for being principally responsible is not proven guilty of personally committing the crime. Which means, if you help someone to commit a particular crime — such as armed robbery — and that person ends up displaying or discharging a firearm intended to be used during the course of the robbery, you are both subject to being prosecuted for the robbery as well as for firearms-related charges.
A jury must consider all of the circumstances established by the evidence when instructed on a finding of natural and probable consequences. The California Supreme Court has recognized that in certain circumstances, an aider and abettor may have greater criminal liability in homicide-related crimes than the actual perpetrator.
For example: two defendants during a robbery a perpetrator and an accessory kill someone in a drive-by shooting during their escape. The actual perpetrator is able to prove self-defense, and may have his or her charge reduced to voluntary manslaughter or even dismissed.
On the other hand, if the aider and abettor is proven to have fired his or her weapon with intent to kill, he or she can be found guilty of committing murder. Technically, aiding and abetting is not a crime in itself. Rather, it is a legal theory that you acted purposely to make a crime possible. As an aider and abettor, you intentionally help plan, execute or encourage in the commission of a crime. As result, you can be charged with whatever crime or crimes were intended to be committed.
This is certainly possible. Generally, as an accessory or an accomplice to a crime, you face the same punishment as if you personally committed the offense. In fact, in a homicide-related case, in some circumstances you could face even greater liability than the actual killer.
You can be charged and prosecuted just as if you personally committed the underlying crime or crimes. We are committed to providing you with the personal attention you deserve and expect to help you overcome this difficult situation.
We will employ every available strategy to help you get the best result possible in your case. We will get through this together. I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me.
My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal.
But our shock turned into horror when he was charged with felony arson. If you or a loved one have been accused of a crime, this is the time to contact us. Aiding and Abetting — PC Aiding and Abetting a Crime — Overview Penal Code Section 31 As a legal rule, aiding and abetting means providing some kind of assistance in the commission of a crime. Elements of Aiding and Abetting a Crime Aiding and abetting in the commission or attempted commission of a crime occurs whenever the following occurs: With knowledge of the unlawful purposes of the perpetrator; you Act; Aid; Promote; Encourage; or Instigate the commission of the crime; and Do so with intent or purpose of: Committing; Encouraging; or Facilitating the commission of the crime.
This defense is not significant enough to find you not guilty of this crime; however, it is significant enough to lessen the severity of your sentence. You Had Knowledge Did you know the crime was being committed? You Aided or Instigated Did you assist in the planning of the crime? Your role as an accessory or an accomplice will be determined by several factors, including but not limited to the following: Presence at the scene of the crime, Companionship; and Conduct before or after the offense.
Natural and Probable Consequences Under certain circumstances, a person who is guilty of this crime also may be guilty of other crimes that were committed as a result of your aiding and abetting. To convict you of a related crime that was a likely result of the intended crime, a prosecutor must prove that: 1. You are guilty of the intended crime; 2.
During the commission of the intended crime, a related offense was committed; and 3. No Participation Defense Arrested for aiding and abetting a crime? Duress Defense If you were compelled against your will to help someone commit a crime under immediate threat of serious bodily injury or death to yourself or to another person, you cannot be convicted of aiding and abetting. False Accusation Defense Wrongly accused of aiding and abetting a crime?
No Duty to Act Defense Simply knowing that a crime is going to be committed, or being present during its commission does not impose upon you an obligation to prevent it from occurring under most circumstances. Withdrawal from Participation Defense You may have a valid defense to aiding and abetting if your criminal defense attorney can show that your liability as an aider and abettor ended prior to the commission of the crime s charged. To rely on this defense, you must be able to demonstrate that you: Notified the other people involved in the crime of your intention to withdraw from participation; and Did everything in your power to prevent the crime from being committed.
Accessory after the Fact Defense Did you participate as a getaway driver? Principal Acquitted or Convicted of a Lesser Offense Jail time for aiding and abetting a crime can be hefty. Accomplice Liability in Murder Charges Aiding and abetting to a murder The California Supreme Court has recognized that in certain circumstances, an aider and abettor may have greater criminal liability in homicide-related crimes than the actual perpetrator.
Is aiding and abetting a crime? How does a prosecutor prove that I am guilty of aiding and abetting? If I help someone commit a crime, and he or she commits another crime in the process, can I be convicted for both? What punishment do I face if I am accused of aiding and abetting?
Can I be prosecuted for helping someone after he or she commits a crime?
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My house was recently burned. Right to a Public Trial. Is a conviction barred if the principal pleads to a. My kid had a sleepover. My wife was charged with campaigns - politicians KNOW these. Stages of a Criminal Trial. Also, the husband of the but refuses to testify. If this person is found guilty, can the family be charged with aiding and abetting the individual they are covering if committed by an adult. I am currently working a gang related shooting. Just over done it at who will give you PC.time for aiding and abetting a. Punishment. In most states, accessories face lesser punishment than principals for crimes that are committed. However, other states consider. Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets This was broadened in to include any felony, and by it an accessory was anyone who counsels, advises or procures the crime. These early statutes.