32 PC - Accessory After The Fact - California Penal Code

Q: Can a defendant raise a legal defense?

Defendants can and should raise a legal defense that casts reasonable doubt on any criminal charges brought under this law. A few common defenses include an accused showing that he/she: 1) did not know that a person committed a felony, 2) acted under duress, or 3) was an innocent bystander.

Q: What are the penalties for violating PC 32?

A violation of Penal Code 32 is a wobbler offense. This means a prosecutor can charge it as either a misdemeanor or a felony depending on: the facts of the case, and the defendant’s criminal history. If a defendant is convicted of misdemeanor accessory after the fact, the crime is punishable by: imprisonment in county jail for up to one year, and/or a maximum fine of $5,000. If a defendant is convicted of felony accessory after the fact, the offense is punishable by: custody in jail or state prison for up to three years, and/or a maximum fine of $5,000.

Q: Can someone get a conviction expunged?

A person convicted of a misdemeanor under PC 32 can get the conviction expunged per Penal Code 1203.4. This is true provided that the defendant successfully completes his/her: jail term, or probationary term (whichever was imposed). Note that felony convictions under this statute cannot get expunged. This is because expungements are not allowed for offenses that lead to a state prison term.

Updated January 8, 2021

What is "Accessory After the Fact"? A former D.A. explains Penal Code 32

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Penal Code 32 PC is the California statute making it a crime to be an accessory after the fact. This is a person who harbors, conceals, or aids someone else with knowledge that this other person committed a felony, and does so in order to protect the other person from arrest, trial, conviction, or sentencing. A conviction is a felony that can lead to up to three years in California state prison.

The language of PC 32 states that, “Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony.”

Examples

helping a felon escape from an arrest.
driving a getaway car for someone that just committed felony burglary.
providing a false alibi for a friend that committed felony DUI.

Legal Defenses

Criminal defense lawyers draw upon several defense strategies to help people challenge accessory after the fact allegations. Some of these include showing that the accused:

had no knowledge that a person committed a felony,
acted under duress, and/or
was a mere bystander to the crime.

Penalties

Under California criminal law, a violation of California Penal Code Section 32 PC is a wobbler offense. A wobbler is a criminal offense that a district attorney can charge as either a misdemeanor or a felony.

While misdemeanor convictions are punishable by imprisonment in county jail for up to one year, felony convictions can lead to custody in jail or state prison for up to three years.

Our California criminal defense attorneys will discuss the following in this article:

1. What does it mean to be an “accessory after the fact”?

A prosecutor must prove the following to successfully show that a defendant acted as an accessory after the fact:

a person committed a felony offense or was facing felony charges,
the defendant knew that the person committed, was charged with, or was convicted of a felony,
after the felony was committed or charged, the defendant hid or aided the person, and
the defendant did so to help the person avoid arrest, trial, conviction, or punishment.[1]

Note that the act of refusing to testify in a criminal trial, where a defendant is facing felony charges, does not make someone an accessory after the fact.[2]

Man handing stack of $100 bills under the table as an example of being an accessory after the fact

Helping someone financially who committed a felony is acting as an accessory after the fact.

2. Can a defendant raise a legal defense?

Defendants can and should raise a legal defense that casts reasonable doubt on any criminal charges brought under this law.

A few common defenses include an accused showing that he/she:

did not know that a person committed a felony.
acted under duress.
was an innocent bystander.

2.1 No knowledge

Recall that a person is only an accessory after the fact if he/she actually knew that a person committed or was charged with a felony. This means it is always a defense for defendants to show that they did not have this knowledge.

2.2 Duress

Duress is a legal defense in which an accused basically says: “He made me do it.” The defense applies to the situation in which a person commits a crime (here, aiding a felon), because somebody threatened to kill him if the crime was not committed.

2.3 Bystander

Parties are only guilty under PC 32 if they assisted a felon, namely harboring, concealing, or aiding the felon. A defense, therefore, is for a defendant to show that he/she took no specific act to help someone that committed or was charged with a felony. In short, the accused needs to show that he/she was a mere bystander to the crime.

3. What are the penalties for violating PC 32?

A violation of Penal Code 32 is a wobbler offense. This means a prosecutor can charge it as either a misdemeanor or a felony depending on:

the facts of the case, and
the defendant’s criminal history.

If a defendant is convicted of misdemeanor accessory after the fact, the crime is punishable by:

imprisonment in county jail for up to one year, and/or
a maximum fine of $5,000.[3]

If a defendant is convicted of felony accessory after the fact, the offense is punishable by:

custody in jail or state prison for up to three years, and/or
a maximum fine of $5,000.[4]

Inmate in jail cell clutching the bars - California Penal Code 32 PC is punishable by up to 3 years in custody

A PC 32 violation can be a felony or a misdemeanor in California.

4. Can someone get a conviction expunged?

A person convicted of a misdemeanor under PC 32 can get the conviction expunged per Penal Code 1203.4. This is true provided that the defendant successfully completes his/her:

jail term, or
probationary term (whichever was imposed).

Note that felony convictions under this statute cannot get expunged. This is because expungements are not allowed for offenses that lead to a state prison term.

5. Are there related offenses?

There are three crimes related to a person acting as an accessory after the fact. These are:

criminal conspiracy – PC 182,
aiding and abetting – PC 31, and
attempt crimes – PC 664.

5.1 Criminal conspiracy – PC 182

Under Penal Code 182 PC, California law defines the crime of conspiracy as a scenario where:

the defendant agrees with one or more other persons to commit a crime, and
one of the parties commits an act to further that agreement.

In comparison to the offense of aiding a felon per PC 32, the commission of a conspiracy typically requires an accused to have more involvement in the commission of a crime. This normally includes time spent in the:

planning of the crime, and
execution of the crime.

5.2 Aiding and abetting – PC 31

Penal Code 31 PC is the California statute that says aiding and abetting is a crime. This section makes it illegal to encourage, facilitate or aid in the commission of a criminal act.

Note that an aider is guilty under this law for helping in the commission of a crime. With PC 32, however, a person is guilty of an offense for helping someone after a crime was committed.

5.3 Attempted crimes – PC 664

Penal Code 664 PC is the California statute that makes it a crime for a person to attempt to commit a criminal act.

As with being an accessory after the fact, attempting a crime can be charged as either a misdemeanor or a felony. The determination as to which gets charged depends on how the defendant would have been charged if he/she completed the crime that was attempted.

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Call our law firm for legal advice. We offer free consultations.

For additional guidance or to discuss your case with a criminal defense lawyer, we invite you to contact our law firm at the Shouse Law Group. Our attorneys provide both free consultations and legal advice you can trust.

They also represent clients throughout California, including those in Los Angeles, Los Angeles County, San Diego, Orange County, Riverside, San Bernardino, Beverly Hills, Glendale, Long Beach, Pasadena, Pomona, Rancho Cucamonga, and Torrance.

[1] California Penal Code 32 PC. See also People v. Nuckles (2013) 56 Cal.4^th 601.

[2] People v. Partee (2020) 8 Cal.5^th 860.

[3] California Penal Code 33 PC.

[4] See same.