If you’ve ever helped a perpetrator get away with a felony, you are most likely in breach of California Penal Code Section 32, otherwise known as an “accessory after the fact.”

This penal code is understood as anyone who has helped someone else to get away from a crime scene, who hides, transports or lies about a criminal’s whereabouts. This is usually done to avoid their arrest, trial or prosecution for a serious offense that was committed.

In order to prosecute for an accessory after the fact under CPC 32, a few elements of the crime will have to proven:

For starters, the accessory will have to had deliberately held, concealed and aided the perpetrator to get away with the offense.

Second, the accessory should have known that the person they were helping out was responsible for a crime, and they continued anyhow to assist them, even though they had this knowledge.

A good example of being an accessory after the fact, is when someone committed a robbery and they call a friend, explain their situation, and ask for assistance to run away from the crime scene. If the friend follows through, then they would be considered an accessory after the fact , and also be guilty of California Penal Code 32.

In some defenses, lawyers will argue that the accessory was acting out of fear, duress or threat. In these instances accessories will not be found guilty.

An accessory after the fact under California Penal Code 32 can be filed as a felony or misdemeanor, depending on the circumstances of the case. The court will most likely examine the defendant’s criminal records, and what took place.

Before deliberating on penalties and punishments, a judge will also have to make sure that the individual considered to be an accessory after the fact, knew that the person they were helping committed a crime.

If filed as a misdemeanor, the penalties and punishments are a year in the county jail and up to five thousand dollars in fines. On the other hand, if it’s filed as a felony, it will require the defendant to serve between sixteen months, two or three years in prison, and the same five thousand dollars in fines.

If you're dealing with a California Penal Code 32 violation, it would be wise to call a professional lawyer who is well versed in these cases. One such legal team is MacGregor & Collins, which can be contacted at (949) 250-6097. To read up more on other California Penal Codes, you can visit the California Penal Code resource page here.