Upon facing arrest for being an accessory to murder, you may be unsure of the next step to take in building a defense. This is especially the case when the elements involving the offense are unclear to you, as you will be looking to negate these elements for a successful case outcome. Therefore, you need to work with an experienced criminal attorney to help navigate the charges and prepare for criminal trial by raising credible defenses. With The LA Criminal Defense Law Firm, you will receive quality criminal defense services tailored to your needs. We have helped multiple clients secure a favorable case outcome over the years, making us the best choice for you.
What Being an Accessory to Murder Entails
Most murder cases reveal multiple acting parties beyond the violent act itself, meaning that the law must handle the other parties for their involvement. Although persons who help the primary offender before or after murder do not face the primary charge of murder, they will still be answerable for a separate criminal offense-being an accessory to murder.
Being charged as an accessory to murder means that you helped the perpetrator accused of murder in a specific way before or after the fact. Usually, the person charged with being an accessory to murder is not in the crime scene itself but rather acts in the periphery, at a specific time concerning the offense. As a result, investigation officers will look into the circumstances surrounding your case to ensure the accusations against you are well-founded and that a case can be filed.
Further, the offense requires the accessory to murder to have actively participated in the offense, as a lack of these details may indicate a fault in the prosecution’s case. Thus, the prosecution team must observe all legal requirements by proving all elements of the offense beyond a reasonable doubt.
It is important to note that you may face the charges based on two instances and under two separate penal code provisions. If investigations reveal that you were an accessory to murder before the fact, you will receive a charge under section 31 of the California Penal Code. The provision terms the circumstances as aiding and abetting, meaning that you were significantly involved in the murder preparation process.
Conversely, you may be charged with being an accessory after the fact, meaning that you helped the main perpetrator after they committed murder. If so, you are charged under section 32 of the Penal Code, whereby the prosecutor will need to prove your involvement in covering for the primary offender.
Elements of the Crime
Based on the various provisions of being an accessory to murder before and after the fact, the prosecutor should aim to prove your involvement in all elements of a crime as required. This is because the criminal procedure holds the prosecutor to a high standard of proof, requiring them to prove your guilt beyond a reasonable doubt. Failure to do so will often lead to your case being dismissed after your acquittal.
Since the prosecutor will be against the outcome, they will need to consolidate as much evidence against you to ensure their points are well proven. Thus, you need to understand the elements of crime in your case, as they will help you find strategies for your defenses.
It is noteworthy that since you may be charged with being an accessory before or after the murder, the prosecutor will focus on different elements of crime depending on your case circumstances. Thus, understanding the elements of the crime for both circumstances is important.
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Elements of Crime for Being an Accessory Before the Murder
When your case proceeds to trial, the prosecutor’s focus will be to prove all elements of crime listed under section 31 of the Penal Code, as it entails aiding and abetting. Thus, you will need to remain observant of the different elements brought out in the prosecutor’s argument. They are:
You Knew the Primary Offender Intended to Commit Murder
Knowledge of impending murder is necessary for any charge associated with being an accessory to the fact. This is because your knowledge then leads to contemplation and decision making, both of which will affect your participation in aiding and abetting the primary offender. Subsequently, the prosecutor must prove that you were aware of the primary offender's intentions yet proceeded to support them in their quest.
Sources of information regarding your knowledge include recordings or footage that show you and the primary offender engaging in conversation. Further, witnesses who saw or heard you talking about the plans regarding a murder can also provide admissible evidence. Overall, the prosecutor will determine the ideal action to take when presenting their case to ensure the crime element is well proved.
You Aided the Person in Preparation for the Offense
Further, specific evidence about how you aided or abetted the primary offender before committing murder should be clear. Your participation may include encouraging or inciting the principal offender to proceed with the offense, giving them the chance to execute the plans.
You should also note that participating in the planning process by purchasing items, creating strategies, or supporting the primary offender by presenting backup plans also amounts to aiding the commission of murder. Hence, the prosecutor will work with investigation officers to acquire vital information regarding your specific participation.
The Primary Offender committed Murder After Your Participation.
Lastly, proof of murder being executed should be ready for presentation before the judge can rule against you. Typically, proving this element is straightforward as the primary offender will already be arrested and charged. As a result, the court information on the events leading to murder will be a significant reference point for the prosecutor when handling your matter.
You should remember that although the suspected primary offender may have been arrested, it does not necessarily translate to them being guilty of the murder. Hence, you could argue that the murder case is not concluded, meaning that your position as an accessory before the fact, in this case, is misconstrued.
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Elements of Crime for Being an Accessory After the Murder
Alternatively, you may face charges involving section 32 of the Penal Code, which focuses on persons acting as accessories after the fact. These situations are brought to light more commonly because the primary offender is bound to act rashly after the offense, looking to get away with it. Subsequently, you may become an accessory after the fact without having intended to get involved, as long as the following elements of the crime are present:
You Knew the Primary Offender Had Committed Murder
Among the main elements that the prosecutor must prove is your knowledge of the offense that occurred before the primary offenders crane to you. Thus, they must have actively or passively disclosed that they had committed murder for your knowledge to be considered a factor linking you to the crime.
While active disclosure of having committed an offense is easy to prove, the prosecutor will require additional effort to prove that your knowledge came about through passive observations. Since you will be denying having known of the offender's prior actions, the burden of proof rests on the prosecutor to show how you would have known of the offender's activities.
Several evidential sources that the prosecutor may rely on include exhibits of stained clothes and weapons in the primary offender's possession when they approached you. Further, their behavior and words may have been a strong source of information that you ought to have relied on.
You Withheld Essential Details Regarding the Offender’s Offense
Further, the prosecution should show that you refused to disclose information that would have helped in the primary offender's investigation and arrest. For example, if an investigation officer questioned you on your or the primary offender's whereabouts at the time of the murder, you would need to provide accurate details. Thus, failure to do so will result in withholding information.
You should note that doing so amounts to a separate offense punishable under the law. If you gave a false narrative to deter the investigating officers' attention from the primary offender, you are also answerable to perjury charges.
You Helped the Offender Escape Arrest or Investigations by the Police
Helping a person suspected of murder escape from officers may involve several factors. For example, your assistance may come in the form of helping them disguise themselves to pass through security checkpoints.
Additionally, you may be liable for helping the guilty party escape by delaying investigation officers' progress in locating them or even financing their travel to a different location. Thus, the prosecutor must source sufficient evidence to prove the specific action you undertook as an accessory after the fact.
Defenses for Being an Accessory to Murder
After the prosecutor concludes on their case presentation, you will have a chance to present your defenses through your criminal attorney. This period is crucial to the final case outcome, as it provides you a chance to challenge the prosecutor’s accusations against you. Further, you may introduce new aspects to the case circumstances to shift perspective from blaming you for the crime.
Before presenting a defense for your case, you want to ensure that the argument targets a specific factor that the prosecutor mentioned. Failure to do so puts you at risk of introducing new information that may provide a lead for the prosecutor to attack you again. Hence, your attorney will guide you on the best defenses applicable to your case. The following are common counter-arguments to help you cast reasonable doubt on the accusations:
The Alleged Murder was Not Committed
The primary premise of accessory to murder charges is that the murder must have occurred, meaning that your participation impacted the murder victim. Thus, you can question the prosecutor’s argument by questioning whether the victim was killed by bringing up new details.
For example, you may argue that the primary offender’s case is still ongoing, meaning they are not yet proven guilty of murder. Therefore, accusing you of being an accessory to the fact without establishing whether the offender is guilty of murder would be acting ahead of a vital decision.
Your defense should be coupled with strong evidential sources to support your position, as the prosecutor will have already proved their case. Without sufficient evidence, your defense may come out as a convenient negation of what the prosecutor presented, which would tip the chances of success in their favor. Hence, your criminal defense attorney will encourage you to participate in sourcing and consolidating all evidential sources that may help prove your point in court.
You Were an Accessory Under Duress
Additionally, a person accused of helping the primary offender with their offense should act voluntarily for the offense to suffice. This is important to establish as it distinguishes cases of duress from parties who actively participate in covering a crime or enabling its actualization.
Hence, if you were a victim of duress, you want to ensure that your defense comes out clearly because it may lead to a complete acquittal of your offense. Nevertheless, you will need to prove your forced participation before or after the crime for the presiding judge to rule in your favor.
Firstly, the offender should have used duress or force to involve you in helping them cover or help with the crime. In this case, duress includes using threats to harm you or unfair authoritative advantage, especially if the offender was your known senior at work or elsewhere. You should also elaborate on the various forms of force used against you to ensure the judge understands that you had a limited chance to escape or refuse the offender’s orders.
For example, if the primary offender ordered you to help them escape at gunpoint, you want to mention this in court, as it eliminates you from the critique of avoiding the demands. Similarly, you can disclose any medical details concerning the harm you faced when trying to avoid participation in the offense.
You Were Not Aware that the Offender Intended to Commit Murder, Or Had Already Committed Murder
Lack of knowledge of the offender’s prior or future involvement in the murder is also a strong defense that may help you avoid harsh penalties for being an accessory to the fact. The main premise of your argument will be that since you did not know of the pending or completed actions, you did not intend to be an accessory to murder.
You can prove your lack of knowledge using circumstantial evidence, on top of other sources like witness testimonies. For example, if the offender was a person well known to you and did not act any different when requesting you for your participation, you may have easily missed any signs indicating involvement in the murder.
However, you should note that certain circumstances evoke further suspicion from the presiding judge, especially when the requests made to you were unusual. For example, if the primary offender asked you to help them dispose of bloody clothes, you will need to explain how you remained oblivious of their potential involvement in the violent offense.
Penalties for Being an Accessory to Murder
Although you may present convincing defenses against the prosecutor’s case, the outcome may favor the prosecutor over you. This is especially common where the prosecution team does a thorough job proving elements of the crime beyond a reasonable doubt. If so, you will be subject to sentencing, whereby you will learn of the punishment issued against you.
The judge issues penalties depending on your participation as an accessory to murder. You should also note that being an accessory before the fact may yield harsher punishments than persons convicted of being accessories after the fact. This is because helping the primary offender before they act may indicate assistance in premeditation to commit murder.
Thus, offenders charged with aiding and abetting before the murder may face felony charges and punishment. This often entails spending a maximum of fifteen years in state prison.
On the other hand, offenders charged with being accessories after the fact may face felony or misdemeanor charges. Thus, misdemeanor penalties include a fine payment of up to $5000 or spending up to one year in county jail. For felony offenses, the penalties involve spending up to three years in state prison or paying a fine of $5000.
Contact a Criminal Defense Attorney Near Me
An arrest for being an accessory to murder can have multiple potential case outcomes, depending on how you defend your case. Therefore, taking time to prepare for trial and understanding the elements of the crime that the prosecutor will aim to prove is highly beneficial. You can secure better chances of a favorable case outcome by partnering with a trusted criminal defense attorney who will be experienced in handling the matter. At The LA Criminal Defense Law Firm, you can expect to receive quality legal services specially suited for you. Our team has worked with hundreds of clients facing accessory to murder charges in Los Angeles, California, making us the best option for you. For more information, contact us at 310-935-1675.
