An accessory to a crime is someone who helped commit the offence without actually taking part in it. It is similar to the crime of “aiding and abetting,” though you can be an accessory even if you were not present at the scene of the crime. Many states differentiate between helping someone after they committed the crime and helping them before committing it.
Elements of being an accessory to a crime
Being an accessory to a crime is, itself, a criminal offense.
According to the Judicial Council of California Criminal Jury Instructions:
“A person may be guilty of a crime in two ways. One, he or she may have directly committed the crime… Two, he or she may have aided and abetted a perpetrator, who directly committed the crime. A person is guilty of a crime whether he or she committed it personally or aided and abetted the perpetrator.”[1]
Being an accessory to a crime is usually the crime of helping someone after they have committed a crime of their own. The elements of being an accessory to a crime are generally:
- someone else committed a crime,
- you knew that the perpetrator had committed the crime or had been charged for it,
- after the crime had been committed, you either harbored, concealed, or aided the perpetrator, and
- in acting, you intended for the perpetrator to avoid getting arrested or punished.[2]
Many states have separate criminal laws for helping someone before the commission of a crime. In these states, helping someone before they commit their crime is generally called “aiding and abetting.”[3]
Examples
A few examples of people who are accessories to a crime are:
- hiding someone that you know has committed a crime and is fleeing from police, and telling police that you do not know where he is so he can escape arrest,
- providing an alibi to a friend who has been charged with driving under the influence (DUI),
- driving the getaway car,
- giving someone a firearm for them to use during a robbery,
- helping people plan to commit the crime, and
- acting as a lookout during the offense.
In all of these examples, you would be helping the perpetrator.
Accessories after the offense
The first 3 of the examples above are of accessories after the offense. Even in the example of driving the getaway car, the crime has already occurred. You are just helping the perpetrator avoid accountability for committing the crime.
Note that, in each of these examples, you have knowledge of the crime or know that the perpetrator has been charged.
Accessories before or during the offense
Sometimes referred to as “aiding and abetting a crime,” helping someone before they commit the offense or during its commission is a crime. The last 3 examples above are the crime of accessory before or during the offense.
Note that, in each example, you are aware that the crime is being committed or is about to be.
Difference between an accessory and an accomplice
An accomplice to a crime is someone who does not commit the crime, but who is at the scene of the crime and has a role to play in it. Some accessories are also accomplices, particularly those that aid and abet before or during the offense. The bigger role that you play in the commission of the crime, the more likely you are an accomplice rather than an accessory.
When you fit both descriptions, you will likely be charged as an accomplice, as that is a more severe offense.
Penalties in California
Each jurisdiction has its own criminal code that sets the penalties for being an accessory to a crime. In California, the penalties for accomplice liability depend on whether the charge is for:
- aiding and abetting the crime, or
- being an accessory after the crime.
A conviction for aiding and abetting carries the same penalties as the underlying crime.[4] For example, convictions for robbery carry up to 9 years in prison.[5] Therefore, criminal charges for aiding and abetting a robbery would also carry up to 9 years in prison.
A conviction for being an accessory after the crime is a wobbler in California. It can be charged as either a:
- felony, or
When charged as a misdemeanor, a conviction carries up to 1 year in jail. When charged as a felony, a conviction carries up to 3 years in prison.[6]
You may also be charged with other, separate crimes, like:
- criminal conspiracy, and
- obstruction of justice.
After finishing these prison sentences, you would still face the problems that come with having a criminal record.
Legal defenses
If you have been accused of being an accessory to a crime, you have several possible legal defenses. The criminal defense attorneys at our law firm have found that the following 5 defense strategies are most common for accessory charges:
- you were a bystander who did not actually help in the crime,
- you did not intend to help in the criminal offense,
- you did not know that a crime had occurred or was about to occur,
- you were under duress, and
- you withdrew.
The duress defense can be a strong one if the perpetrator forced you to help them.
For example: A masked man jumps into the passenger seat of the car you are driving, points a gun at you, and yells for you to drive.
Some states allow for the duress defense in certain cases if you were the victim of domestic violence.[7]
The withdrawal defense can be a good one to make if you did not go through with your intention to help the perpetrator. However, an aider or abettor may need to do more than just not act. You often have to make it clear to the conspirator or principal offender that you are leaving the enterprise to do the criminal act.[8] Some state laws also require you to go to law enforcement or tell a police officer about the criminal case.
Legal Citations:
[1] California Criminal Jury Instructions (CALCRIM) No 400.
[2] See CALCRIM No. 440 and 18 USC 3.
[3] See CALCRIM No. 400 (Aiding and Abetting: General Principles).
[4] California Penal Code 31 PC.
[5] California Penal Code 213 PC.
[6] California Penal Code 33 PC.
[7] See Florida Statute 777.03(1)(b).
[8] See CALCRIM No. 420.
