Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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An accessory before the fact is defined as someone
Some states charge the offense as aiding and abetting. If you are convicted of being an accessory before the fact, you may face the same criminal penalties as the person who directly commits the crime.
If you are facing a charge of being an accessory before the fact, you can try to challenge it with a legal defense. A few common defenses include showing that you:
Note that being an accessory after the fact is a separate offense from being an accessory before the fact. You are an accessory after the fact if you help someone after he/she commits an offense (as opposed to helping before or during the crime).
You are an accessory before the fact if you aid or encourage someone else to commit a crime.1
Common examples of being an accessory before the fact include:
Note that some jurisdictions say that you are only an accessory before the fact if you are not present when the crime is committed.2
Further, while the criminal laws of some states say that an accessory before the fact must offer aid or encouragement prior to the commission of a crime, other states say that you are even guilty of this offense if you offer help at the same time as another person commits a crime.3
Note, too, that some states say you will only face criminal charges for this offense if you help another person in the commission of a felony (as opposed to a misdemeanor).
For example, under Massachusetts law, a person is guilty of being an accessory before the fact if he/she
Some states charge the crime of accessory as “aiding and abetting.” An example is the State of California.
Under California law, a prosecutor must show the following to successfully prove you are guilty of being an aider or abettor:
The above elements are very similar to the elements of accessory before the fact for those states that recognize this offense.
Yes. If you are charged with being an accessory before the fact, you can challenge it with a legal defense.
A few common defenses include showing that you:
Please keep in mind that while you can raise a legal defense, it will take a skilled criminal defense attorney to raise the best defense.
A criminal defense lawyer will know what type of defense is the best fit for the given facts of a case.
Note that most law firms/law offices provide free consultations. This means you can get your legal questions answered for free.
Further, communications with a criminal defense attorney are protected by the attorney-client relationship. Per this bond, lawyers cannot disclose communications with clients without their consent.
In most states, if you are an accessory before the fact, you will face the same penalties as the person who carried out the underlying crime that you helped carry out.6
For example, consider a state whose robbery laws punish the offense with a maximum prison sentence of 15 years. If you help a person rob someone or someplace, you will also face a maximum sentence of 15 years in state prison.
“Accessory after the fact” is a crime where you help someone else after he/she commits a crime. Note, here, that the help comes after someone completes an offense as opposed to before or during the offense.7
Examples of being an accessory after the fact include:
In general, prosecutors can charge this crime as either a misdemeanor or a felony. While state laws vary on the particular penalty for the offense, it is usually less severe than the penalty for being an accessory before the fact.
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.