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.
Crimes by Code
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.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Most jurisdictions say that you are an accessory after the fact if you knowingly help a criminal escape justice after that person has committed an offense.
“Help” usually takes the form of knowingly
Depending on the facts of the case, a prosecutor can charge the crime as either
Examples include:
An accessory after the fact is often contrasted with an accessory before the fact. While an accessory after the fact helps a criminal after the person completes a crime, an accessory before the fact helps the criminal either before or during the commission of the offense.
The criminal laws of most states say that you are an accessory after the fact if you help a principal offender after the person commits a crime.
In particular, a prosecutor usually has to prove the following to successfully convict you of the criminal offense:
Note that some states say that you will only face a charge of accessory after the fact if a main offender’s underlying crime was a felony.2 To say this another way, only the commission of a felony by a principal felon can trigger the crime.
Other states say that any crime, either a misdemeanor or a felony, can trigger the offense.3
Consider, as an example, the scenario where you have a family member or loved one that commits misdemeanor DUI. If you help the person escape from the police, you will only face accessory after the fact charges in those states that say any crime will trigger the offense. You will not face charges in states requiring a felony because DUI is usually a misdemeanor.
No. The term obstruction of justice means to obstruct either:
While accessory after the fact focuses on a person helping a criminal avoid punishment, obstructing justice focuses on a person getting in the way of police involvement or the judicial process.
Note that not all states have a specific law on the obstruction of justice. In those that do not, the states do have a number of laws that fall under the rubric of “obstruction of justice.” Some of these include:
You are an accessory before the fact if you aid or encourage someone else to commit a crime.4
While an accessory after the fact helps a criminal after the person commits a crime, an accessory before the fact helps the criminal either before or during the commission of the offense.
Examples, where you could face criminal charges of accessory before the fact, include:
The principal is the person who directly plans or commits a criminal offense, whereas an accessory aids the principal once the crime is done. Three other key differences are:
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.