Some perpetrators are capable of planning and carrying out crimes on their own. On the other hand, other perpetrators require help both before and after an offense has been committed. An accessory to an offense is someone who offers assistance or helps in committing a crime, as defined by criminal law.
The terms "aiding and abetting" and "accessory to a crime" are often used the same way. However, the main distinction between the two crimes is whether or not assistance, encouragement, or support was provided. In this article, we'll learn more about what it means to be an accessory to a crime.
Understanding an Accessory to a Crime
Anyone who assists another person in committing a crime is considered an accessory to the crime. There are two categories of accessories:
- Accessories before the fact.
- Accessories after the fact.
The difference lies in when the accessory's assistance turned out to be useful in committing the underlying crime.
Accessory Before the Fact
An accessory before the fact is an individual who helps, encourages, abets, aids, or incites another individual in committing a crime. The person does not need to be present during the crime's commission for them to be considered an accessory before the fact.
Being an accessory before the fact involves providing someone with the equipment they require to break into someone else's home or business. Another instance is giving someone access to an automobile so they can use it in a robbery.
Accessory After the Fact
Accessories after the fact are only useful after the offense has taken place. These crimes are usually handled similarly to the charges for obstructing the administration of justice under criminal law. This has a significant impact on the potential consequences of a conviction.
For instance, California prosecutors need to demonstrate that:
- Another person perpetrated a felony crime.
- You were aware that the offender had perpetrated a crime, been accused of one, or been found guilty of it.
- You harbored, hid, or helped the offender after the crime was committed.
- You wanted the offender to avoid being detained, facing charges, being found guilty, or receiving punishment.
Other jurisdictions do not always demand that the initial offense be a felony. Being an accessory after the fact includes the following:
- Defending a friend accused of DUI by providing a cover story on their behalf.
- Driving the getaway vehicle after a heist.
- Assisting a perpetrator to evade police arrest.
The accessory is not required to be available when the crime is committed in either scenario. Even if they are hundreds of miles away, they will still be considered an accessory.
Aid and Abet
The term "accessory before the fact" refers to someone who helps an offender before the offense has been carried out. It's often seen as aiding and abetting a criminal activity.
California law requires that prosecutors prove guilt beyond any reasonable doubt when filing criminal charges. These elements include the following:
- The crime was committed by the offender, or principal perpetrator.
- You were aware that the offender planned to carry out the offense.
- You intended to assist and abet the offender prior to or during the commission of the offense in question.
- Your words or actions contributed to and promoted the perpetrator's crime.
Some instances of aiding and abetting include:
- Assisting in a heist by acting as a lookout.
- Providing a gun to be used in a crime.
- Encouraging another person to carry out the crime.
Prosecutors also have to show that an accessory before the fact didn't give up their role. An individual charged with California aid and abet crime withdraws his or her assistance if he/she does any of the following:
- Notifies every individual who is believed to be taking part in the offense that they're no longer part of it, as long as the notice is made in time to stop the crime from being committed.
- Does all that is reasonably possible under the circumstances to prevent the commission of the crime, even though this effort was ultimately unsuccessful.
According to California law, one may count as an accessory before the fact even if they did not physically help the perpetrator. Simply intending for the offense to be carried out and motivating, inciting, or encouraging another person to do it qualifies as an accessory. Your presence at the scene of the crime indicates that you assisted or abetted the crime. However, just because you were not there doesn't mean you did not help to facilitate the crime.
Other aspects of your behavior before or following the criminal act, as well as your relationship with the offender, are taken into consideration when determining whether you aided and abetted the crime.
What The Prosecutor Needs To Demonstrate
The three crimes have a lot in common. To successfully convict a person of aiding, abetting, or acting as an accessory before the crime, the prosecution needs to prove each of the following factors beyond any reasonable doubt:
- A crime was committed.
- You knowingly offered the perpetrator help, support, encouragement, and/or advice for them to carry out the crime.
- You intended to facilitate or facilitated the perpetration of an offense.
- You took action before the offense had taken place.
The following factors need to be proven beyond a shadow of a doubt by the prosecutor for you to be found guilty of being an accessory after the fact:
- You were aware that the principal defendant had broken the law.
- The defendant assisted the principal offender in carrying out the offense to delay or avoid the principal's arrest, punishment, or trial.
The key elements in each of these offenses are knowledge, intent, and assistance. Generally speaking, each of these conditions should be met to accuse someone of aiding, abetting, or being an accessory after the fact.
Common Factors of These Offenses
If you are charged with helping the principal defendant prior to or following the crime being committed is thought to be aiding, abetting, or becoming an accessory to the offenses. Usually, the person who is being charged with aiding, abetting, or being an accessory to an offense isn't present when the crime in question is committed.
There should be evidence for each of the three counts that you knew the principal offender was going to commit or had already carried out the crime. The common features are as follows.
Knowledge and Assistance
Anyone who aids the offender in a criminal act after the fact, whether or not they concur with the behavior, could be charged with aiding, abetting, or becoming an accessory.
Conspiracy
Charges of conspiracy could be brought against the helper if their involvement is substantial enough. The state often accuses someone of conspiracy when they were active and directly involved in the concealment or preparation of an offense.
How You Can Be an Accessory To a Felony
You can be treated as an accessory if the prosecution can establish beyond any reasonable doubt that you participated in any action knowing that an offense would be perpetrated or that it had already occurred. The prosecutor should also demonstrate that you intended to help a crime to be committed.
It's not required that the offense in question be carried out. What counts is whether or not you planned for the offense to be committed. Federal law stipulates that the penalty for an accessory involved in a felony should not exceed half of the main defendant's maximum prison term or fines.
The maximum sentence for an accessory in a death penalty case is 15 years behind bars. State laws governing criminal accessories could be adopted.
Understanding an Accessory to Murder
This refers to a person who aids the primary offender before or following the murder. An accessory before the fact is aware of the planned murder before it occurs. Despite this, he or she does nothing to either call the police or put an end to the criminal activity. An accessory after a murder occurs typically doesn't aid in the murder's preparation or execution.
They can offer housing or facilitate access to the murder scene for the primary offender, aiding them in completing their task. They can also lend a hand by getting the perpetrator's tools, like guns or knives, even though they are fully aware that they will be used for murder.
Charges of Accessory to Murder
Principal perpetrators and accomplices are charged based on the severity of the murder they engage in. Pre-trial accessories can be charged with the same or a similar offense as the main offender.
A first-degree murder conviction often results in the death penalty or a life sentence for both the perpetrator and any accessory before the fact. This charge often does not involve the parole option.
The law defines an accessory after the fact as a person who becomes aware of an offense after it has already taken place. They didn't take part in the beginning or progression of the crime. Since they were unaware that the primary offender was about to commit the crime, they were unable to stop it.
Along with being indicted as an accessory to murder, you could also face charges for other crimes like tampering with evidence, hindering law enforcement while they were carrying out their jobs, or being caught with stolen goods. According to California statute, these additional offenses can lead to harsher penalties.
An accessory after-the-fact can be able to help a principal offender in getting away. If law enforcement officers find out you assisted the offender in fleeing, you could still be charged even if the offender is later caught. You could still face charges of being an accessory after the fact even if all you did was try to help the main offender.
An Accomplice
Complicity refers to the act of encouraging or assisting someone in committing a crime. An accomplice constitutes a person who helps or motivates a perpetrator to carry out their crime. If the accomplice knows that the perpetrator intends to kill a person, they could assist the principal offender in a murder case by offering details regarding the victim's whereabouts. The accomplice could be the person who lends or hires the murder weapon to the main perpetrator.
If you turned off the surveillance cameras in an area where you were aware someone would be murdered you might also be regarded as an accomplice. Complicity differs from conspiracy. Complicity entails assisting the primary defendant in the murder.
However, a conspirator can participate in the planning but not carry out the offense. When an alleged conspirator learns of a murder plot, he or she often agrees to participate. However, they take no action to assist the offender in committing the crime.
How Conspiracy Differs from Being an Accessory to a Crime
Conspiracy can be compared to aiding and abetting a criminal act. Still, there are a few significant distinctions. These specific distinctions will be determined by the state's laws.
For instance, a California conspiracy crime is established when you and another person agree to engage in a crime together and one of the participants in the arrangement takes an explicit step to carry out the other party's part of the bargain.
This calls for a greater level of participation in the crime. Conspiracy necessitates the fact that a conspirator should be involved in the decision to carry out the offense in question. Without participating in the planning phase, one can still be considered an accessory.
Charges For Accomplices and Conspirators
Conspiracy is considered to be separate from the actual crime that was committed by the participants. If the prosecutor is successful in proving that there was an intention and consent for perpetrating a murder, you could be found guilty of conspiring to murder another individual.
Accomplices in crime are held accountable for the same crimes as the primary perpetrator. Even if you only assisted, like firing the weapon, you as the accomplice will be present throughout the entire process.
They are complicit in the murder's planned execution, are aware of its existence, and help the primary offender. The perpetrator's accomplice could also be helping them flee or avoid arrest after the crime by destroying evidence.
It's possible for a co-conspirator to face charges for an offense they didn't engage in. For instance, you might have participated in a heist where the victim was fatally shot by mistake. You will be convicted of participating in such a crime and face charges of robbery and murder.
How You Can Defend Yourself Against An Accessory to a Crime Charges
If you're accused of acting as an accessory to an offense, you can raise several legal defenses. An experienced criminal defense lawyer will be able to determine which option is most beneficial in your case. The following are some of the common defenses you can use:
You Were Forced Into It
Alleged accomplices often claim they were forced to participate in the crimes. You could allege duress if the primary offender used violence or threats against you to persuade you to help them commit a crime.
You Had No Intention or Knowledge
These crimes require intent and knowledge, two vital elements. If you can demonstrate that you lacked the knowledge of or had no intention to assist someone in committing an offense, you may be able to avoid a conviction or get a lighter sentence.
You Were a Bystander
If you had been a bystander before or following the offense taking place, and thus played no role in the act in question, you may be able to use this argument as a legal defense.
Withdrawal From the Action
You could be able to use this as an argument against the charges if you stopped offering assistance at any stage before or following the crime's commission. However, you and your legal representative would need to demonstrate that you informed the other perpetrators of your decision to stop taking part in the offense and that you'll take all reasonable steps to stop the other perpetrators from carrying out the crime in the wake of this announcement.
How a Lawyer Can Assist in an Accessory to a Crime Case
If you're facing charges of being an accessory to an offense, you ought to speak with a competent and experienced criminal defense attorney right away. An experienced criminal defense attorney in your area can explain your legal options and help you protect your rights. A lawyer can also aid in case preparation as well as negotiate for a lighter sentence. A lawyer can also represent you in court if necessary.
Find a Los Angeles Criminal Defense Attorney Near Me
If you're facing criminal charges, whether it's being an accessory, aiding, or abetting, you'll require a seasoned criminal defense attorney on your team. At The LA Criminal Defense Law Firm in Los Angeles, we have the skill and expertise required to handle any criminal case.
We'll work with you to develop a solid defense, uphold your constitutional rights, and assist you to get the best possible result in your case. Our attorneys can also assist you in determining whether you can clear a conviction from your record. Call us today at 310-935-1675 to schedule an appointment with one of our defense lawyers.
