While some offenses only involve one culprit, several others, often more severe and complex crimes like murder, could involve multiple parties. The prosecutor could file accessory to murder charges against you if you helped a friend kill another person or otherwise commit a murder offense.
In most cases, the prosecutor will file accessory to murder charges as a felony, which could attract severe penalties upon conviction. If you or a loved one is under arrest or investigation for allegedly being an accessory to murder, speaking with a seasoned defense attorney would be a brilliant idea.
A skilled and experienced defense attorney can help you understand your options and tirelessly work to convince the judge to drop your case or reduce the potential consequences of a conviction. If you are wondering what it means to be an accessory to murder in the eyes of the law, this article is yours.
What it Means to Be an Accessory to Murder
Being an accessory to murder means you helped, aided, or assisted the actual perpetrator "killer" before or after killing another person. Typically, the prosecutor can charge you with this offense, even if you did not directly participate in killing another person or were not at the crime scene.
What the prosecutor requires to secure a conviction against you for being an accessory to murder is adequate evidence to prove that you knew about the perpetrator's intent and that you still helped or encouraged him/her to commit the offense.
Depending on the facts of your case, a conviction for being an accessory to murder could attract similar penalties as the actual perpetrator or principal offender would face upon conviction, including imprisonment, fines, and probation. However, the severity of the penalties you are likely to face upon conviction will depend on the following:
Whether You Were an Accessory to Murder Before the Fact
Generally speaking, you are an accessory to murder before the fact if you helped, abetted, or assisted the alleged perpetrator before the commission of the murder offense, for instance, by:
- Providing necessary weapons.
- Helping the perpetrator pick the ideal knife to stub and kill another person.
- Driving a gateway vehicle.
- Being the lookout person.
- Preventing law enforcement officers from accessing the crime scene.
- Failing to prevent the offense and you had a legal responsibility to do so.
- Offering the information required to commit the felony.
- Helping dispose of or clear evidence.
- Ensuring the engine of a getaway vehicle is running to make it hassle-free for the perpetrator to escape after committing the offense.
If you are arrested as an accessory to murder before the fact, the prosecutor will charge you under the aiding and abetting statutes defined under Penal Code (PC) 31. According to this statute, any person who knowingly and willingly helps another commit an offense is legally responsible for that particular crime, including murder.
However, the prosecutor presiding over your case must satisfactorily prove the facts listed below to obtain a conviction against you:
- You were aware the person had the intention to commit a crime.
- The principal offender or perpetrator received financial and moral support to commit the crime from you.
- You willfully intended to encourage or help the perpetrator commit the offense, meaning no one forced you to do so.
A PC 31 violation could sound like an offense of conspiracy, but they are two different crimes in the eyes of the law. To be guilty of criminal conspiracy under PC 182, the prosecutor must prove that you agreed with one or more other individuals to commit an offense. However, for a PC 31 violation conviction, the prosecutor does not have to prove you agreed with anyone to commit a crime.
Whether You Were an Accessory After the Fact
An accessory after the fact is the person who knowingly helps a criminal offender escape justice after committing an offense like murder by concealing, aiding, or harboring him/her to avoid prosecution. Being an accessory to murder after the fact could cover several scenarios, including (but not limited to) the following:
- Knowingly hiding the murder weapon.
- Helping a friend escape the police, for instance, by letting him/her know the police are outside his/her house or by providing false information about the person's whereabouts.
- Convincing an eyewitness to change his/her story or not to testify.
- Destroying evidence that could apply against the actual perpetrator at trial.
If the prosecutor can prove that you knowingly and willingly did any of the above acts, you could be guilty of a PC 32 violation. To secure a conviction against you for being an accessory to murder after the fact under PC 32, the prosecutor must prove the following facts:
- The principal perpetrator killed another person.
- After the principal perpetrator committed the offense, you illegally hid or concealed him/her.
- You were aware that the principal perpetrator or offender had killed another person.
- You had the criminal intent to help the principal perpetrator or offender escape criminal liability for his/her offense.
What to Expect at Your Arraignment Hearing Upon an Arrest for Being an Accessory to Murder
If you are in police custody for allegedly being an accessory to murder, your first court appearance will be at the arraignment hearing. Although it is a brief proceeding, you should attend it with a defense attorney in your corner to inform you of your legal rights and help you secure the best possible outcome. During this hearing, the judge presiding over your case will do the following:
- Inform you of the allegations you are facing.
- Inform of your legal rights, including the right to a public defender if you cannot afford a personal attorney.
- Inform you of the available plea choices, including:.
- Not guilty.
- Guilty.
- No contest.
If you opt for a "not guilty" plea like most defendants, you should begin preparing to challenge the allegations you are up against at trial for the best possible outcome. However, when you opt to enter a "guilty" plea, your case will proceed to the sentencing phase of the legal justice system to determine the appropriate sentence for the offense.
During this hearing, the court will determine your eligibility for bail and the fair bail amount for your unique case. The following factors will help the judge make this vital decision:
- Your community ties.
- Whether you have a record of jumping bail or refusing to make your court appearances after posting bail.
- Your criminal record.
- Your behavior or conduct in court.
- Whether you are a flight risk.
- The severity of your case.
If you are eligible for bail, you can obtain your freedom, pending the outcome of your case, by posting the set amount. Bail is the set or predetermined amount (refundable) you will pay the court's clerk to act as security or assurance that you are willing to return to challenge the allegations you are up against.
Although bail is not a punishment for your offense, the amount the judge could set for your case could be challenging to clear because the court expects you to pay the full required amount. However, you do not have to remain behind bars if you cannot afford cash bail for accessory to murder charges.
Your defense attorney will help you find a reliable bail bondsman to help you obtain your freedom on bond. However, you must be ready to pay the bondsman ten percent of your bail amount as a premium for his/her speedy services during your time of need. Unlike bail, this ten percent you will pay your bondsman is non-refundable.
Potential Penalties to Expect Upon a Conviction for Being an Accessory to Murder
Whether you helped the principal perpetrator or offender before or after the killing of another person can significantly impact the penalties you are likely to receive upon a conviction for being an accessory to murder under PC 32 or PC 31.
If the prosecutor files a PC 31 charge (accessory before the fact) against you, the court will treat your case as if you killed the person, meaning the penalties you will likely face upon conviction are severe. Like a murder charge conviction, upon a PC 31 violation conviction, the court could sentence you to twenty-five years to life in prison.
However, a conviction for a PC 32 violation is vastly different in the eyes of the law. The prosecutor could file a PC 32 charge as a felony or a misdemeanor because it is a wobbler. If the prosecutor is lenient with you, he/she will file your case as a misdemeanor, carrying the following potential consequences upon a conviction:
- A fine not exceeding $1,000.
- A maximum of one (1) year of custody in the county jail.
If charged as a felony, a PC 32 violation conviction will attract a fine not exceeding $5,000 and a jail term of not more than three (3) years.
Defenses to Accessory to Murder Charges
As you can see, allegations of being an accessory to murder are severe, and a conviction could result in life-changing consequences. Fortunately, you have a legal right to retain the services of a defense attorney when under investigation, arrest, or charged with any offense, including the crime of being an accessory to murder under PC 31 or PC 32.
As with other offenses, there are several defenses your defense attorney can use to challenge the allegations you are up against to obtain a case dismissal or a lighter sentence. A skilled and experienced defense attorney will know the ideal defenses that will work best for your unique case to secure a favorable outcome.
Below are various defenses your criminal defense attorney could present on your behalf at trial to obtain the best possible outcome:
You Were Under Duress
Arguing that you were under duress is an affirmative defense that requires you to accept that the allegations you are up against are true. However, you committed the offense unwillingly because someone threatened to kill you or a loved one if you did not do it.
The court could dismiss or reduce your accessory to murder charges if your defense attorney has sufficient evidence, including eyewitness testimony, to support this defense argument.
The Principal Offender Did Not Kill Anyone
If the principal offender in the case did not commit murder, you would not be guilty of the crime of accessory to murder under PC 32 or PC 31. The court will likely drop your case if your defense attorney can prove with sufficient evidence that the principal offender did not commit murder.
You are only guilty of this offense if the principal offender in the case killed another person. If the murder did not occur in the first place, you cannot be guilty of accessory to murder charges.
You Had No Knowledge of the Murder
When charged with accessory to murder under PC 32, your defense attorney can argue that you were unaware that the person you helped (principal offender) had killed someone. While this defense can be challenging to prove, an experienced defense attorney will know the best argument to convince the court beyond a reasonable doubt that you were unaware of the murder when you helped that person.
If this defense works in your favor, the court could drop or reduce your accessory to murder charges to a lighter offense, carrying less severe penalties.
You are a Victim of False Accusations
False accusations are not uncommon in many murder-related cases. When charged with an accessory to murder offense, your defense attorney can challenge the allegations you are up against by arguing that you are a victim of false accusations.
For instance, the police or eyewitness can mistakenly identify you as an accessory to the murder case because you have the same hairstyle or height as the actual accessory. If this defense works to your advantage, the court will drop or reduce your sentence upon conviction.
You Withdrew From the Commission of the Murder
If you were a part of the conspiracy to kill another person but later withdrew your involvement by notifying other people of your plans and doing everything to prevent the murder, you could fight your PC 31 charges. Your defense attorney will argue and convince the court that you communicated your desire to withdraw from the plan and did your best to prevent the commission of the offense.
If this defense argument works in your favor at trial, you will likely receive an acquittal of the charges or a reduced sentence upon conviction.
Accessory to murder charges can be challenging and confusing, but a skilled defense attorney can help you stay on the safe side of the law by asserting the above defenses. A profound defense attorney will take time to thoughtfully investigate the facts of your case to know which defenses will work best in your favor to secure a favorable outcome.
Factors to Consider When Finding an Attorney to Help You Challenge Accessory to Murder Charges
Considering the severity of the penalties you are likely to face if you are guilty of being an accessory to murder under PC 31 or PC 32, you would not want to risk settling with any attorney. Having a skilled and reliable defense attorney in your corner is the key to achieving the best possible outcome in your case.
Below are some helpful tips or considerations when finding a reliable defense attorney to help you challenge the accessory to murder allegations you are up against at trial:
Consider the Attorney's Experience
While every experienced professional was once an amateur, you would not want to risk settling for the services of an amateur attorney in a case where you would likely face life imprisonment upon conviction. Ensure the defense attorney you hire for the case has significant experience protecting clients with similar murder-related cases for the best possible outcome in your unique case.
Consider the Attorney's Reputation
Your prospective defense attorney's reputation among his/her past clients could say a lot about the quality of his/her services. You can determine whether your prospective defense attorney is reputable by checking his/her past client reviews and comments on his/her social media platforms and website.
Negative comments from his/her past clients mean the quality of his/her services is poor, meaning he/she is unreliable.
Consider the Attorney's Location and Availability
Ensure the attorney you will hire for your case is not far from your location and is readily available for a talk whenever you have a concern about your case. If your prospective attorney has several clients waiting for his/her services, chances are he/she will not dedicate adequate time to your criminal case.
Look for an attorney with a few clients in line and a flexible work schedule to be sure that he/she will dedicate adequate time to your case to obtain the best possible outcome.
Find a Los Angeles Immigration Attorney Near Me
If you or a relative is behind bars or under investigation for being an accessory to murder in San Jose, skilled defense attorneys at California Criminal Lawyer Group can help. We invite you to call us at 408-622-0204 and let our experienced defense attorneys handle everything on your behalf for the best possible outcome.