PC32

PC32

This is general information found on the web regarding PC32, it is in no way to be considered legal advice. 

PC32 - Charged with accessory after the fact.

Bail amount (In Alameda County) - $20,000.00

There are several defenses that your attorney can assert on your behalf to fight a charge of accessory after the fact.  Here are the most common ones:

      • No felony was committed: since one of the elements that the prosecutor has to prove is that a felony was committed, if it can be shown otherwise, you cannot be charged as an accessory;
      • You had no knowledge of the felony:  One of the elements that the prosecutor has to prove is that you knew that the principal has committed the felony, has been charged with the felony, or was convicted of the felony.  If you had no such knowledge, you cannot be convicted of accessory after the fact.

Example:  If you picked up a hitchhiker alongside the road and drove him to the nearest gas station without knowing that he had committed a felony, you cannot be charged as an accessory, because you did not know that he committed the felony.

      •  You had no intent:  Another element the prosecutor has to prove is that you assisted the felon with the intent that he/she may avoid or escape from arrest, trial, conviction or punishment.  However, if you have merely unwittingly helped a felon escape arrest without having the knowledge that he/she is trying to avoid arrest or that he committed a felony, you cannot be charged as an accessory.  Note that awareness of the commission of other crimes insufficient to establish guilt as an accessory awareness that a co-perpetrator has committed other crimes is not enough to find a person guilty as an accessory to those crimes unless there is evidence that the person intentionally did something to help the co-perpetrator avoid or escape arrest, trial, conviction or punishment for those offense7.8  Same example as above: If you picked up a hitchhiker alongside the road and drove him to the nearest gas station without knowing that he had committed a felony, you cannot be charged as an accessory, because you did not help him with the intent that he escape arrest; you did not even know that he committed the felony.
      • You were a bystander: Another element of the offense is that you knowingly and intentionally harbor, conceal, or aid the principal.  However, if you did not have such knowledge or intent and you were merely at the scene of the crime and for example afterwards refrained from answering questions that the police asked you because you did not want to be involved, this behavior does not constitute the requisite mental state.  But note the following distinction: although a person is not guilty of being an accessory if he or she fails or refuses to give incriminating information about a third party to the police, providing a false alibi for that person violates the accessory statute.

Example: John was at the scene of the crime when James intentionally shot and killed Vicky.  This would constitute a Murder. When the police arrived and asked John whether he has seen what happened, if John refuses to provide any information about what he has seen, he is not an “accessory after the fact.”  However, if John tells the police that James did not shoot Vicky but that Mark shot Vicky, John will have violated the accessory statute.

      • Duressif you provided help to the felon only because he threatened to hurt you, you did not have the requisite mental state to be convicted as an accessory.  Duress generally means a threat of force, such as violence, that the perpetrator uses to make you perform an act which you would not have otherwise performed.  The threat of harm has to be imminent to be an effective defense.  For example, Paul holds up a gun to Mary’s head to make her drive him away from the crime scene so as to escape arrest.

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