Being an accessory to murder means you helped someone before, during, or after they committed a murder, but you didn’t commit the murder yourself. This can include actions like planning the crime with them, hiding evidence, or helping them escape.
You can face charges for helping a murderer, even after the fact. In California, being an “accessory to murder” is a crime. Understanding what that crime is can be a little challenging.
If you’re charged with accessory to murder in California, here’s what it means. To get immediate legal help, you can explore your legal options with a Los Angeles criminal defense lawyer from our team.
What Is an Accessory?
An accessory is someone who assists a murderer before or after a felony crime and is usually not present when the crime happens. An “accessory before the fact” helps someone commit a crime before it happens, while the opposite is true for an “accessory after the fact.”
In a situation involving murder, an accessory before the fact might encourage someone to kill someone else. An accessory after the fact helps a murderer after they have killed someone. This could be immediately after, like driving a getaway car or hiding the murderer in your home. It could be loaning them money to flee the area or disposing of the murder weapon.
Aiding and Abetting in California
Accessory before the murder is known as “aiding and abetting.” It is practically the same as being an accomplice. If you are convicted of this crime, you could face the same penalties as the person who committed the act. This will likely mean a lengthy prison sentence, possibly for life.
An aiding and abetting charge covers a wide range of behaviors. Under the text of the law, it is encouraging, aiding, facilitating, or inciting a felony. A person who engages in aiding and abetting could offer a weapon or drive the person who committed the crime to the scene. Even yelling at someone to kill someone else in a fight could be an accessory before the fact. It does not matter if it was in the heat of the moment.
To be convicted of aiding and abetting, the state must prove:
- You knew the person you helped (the principal offender) would commit a crime.
- The principal committed a felony.
- You helped them in some way.
- You weren’t acting under duress.
If the prosecution can prove all four points, the state has a good shot at making its case.
Proving Accessory to Murder After the Fact
Different facts must be proven for the charge of accessory for murder after the fact, such as:
- Someone other than you committed a felony.
- You helped them in some way.
- You knew that they committed a felony or were convicted of one.
- You intended to help the felon escape justice (e.g., arrest, trial, etc.).
While accessory after the fact can be either a misdemeanor or a felony, it is likely a felony in murder cases. If you are convicted of this crime, you could go to jail or state prison for up to three years and face a maximum fine of $5,000.
If the prosecutor decides to be lenient and charges the crime as a misdemeanor, you could face up to one year in jail and a maximum fine of $1,000. A criminal defense attorney could argue that your contribution to the crime was minimal to persuade the court to go this way.
What Is Conspiracy?
Conspiracy is somewhat similar to an accessory before the fact (aiding and abetting), but no crime needs to occur. In California, the prosecution must prove two things to convict someone of conspiracy.
- Two or more people need to agree to commit a crime.
- One or more people who agreed need to do something to move toward the act.
In a murder situation, this could be agreeing to help someone kill someone and then buying the weapon for the deed. Note that the actual murder doesn’t need to happen. Just agreeing to commit a crime and taking steps toward it makes it a conspiracy.
What Are Defense Strategies in Accessory to Murder Cases?
Defendants have a right to have their day in court to challenge the charges against them. They can hire a criminal law attorney to make their case and ensure they get a fair trial. Their lawyer can also advocate for reducing or dismissing the charges they face.
Here are some ways a lawyer might defend a person accused of helping with a murder:
- Asserting that the defendant did not know the main person planned to commit murder.
- Presenting proof that the murder already happened before the defendant knew about it.
- Showing that the defendant was forced to help the main person commit the crime.
- Proving that a murder did not happen.
- Claiming that the main person didn’t actually commit the murder.
Evidence Can Help Defendants in Accessory to Murder Cases
Lawyers can use direct and circumstantial evidence to create reasonable doubt about a defendant’s involvement in an accessory to murder crime and challenge the prosecution’s case. These include alibi evidence, such as witness statements and video footage; communication records, such as texts and emails; and physical evidence, such as DNA and fingerprints.
They may even use psychological evidence. In this case, expert testimony about the defendant’s mental state might show the defendant was incapable of understanding or intending to participate in criminal activities.
Call Today for Legal Help for an Accessory to Murder Case
If you or a loved one is facing an accessory to murder charge, it means you are being accused of helping someone commit a murder before, during, or after the act, but you did not commit the act yourself. The sooner you get legal representation, the sooner your lawyer can start working for you.
Simmrin Law Group’s criminal defense lawyers will protect your rights and look out for your interests while fighting against the charge in your case. We will answer your questions and advise you on your next steps. Call us today or contact us online to get started.