Understanding criminal liability in California can be confusing, especially when a person did not directly commit a crime but is accused of helping someone afterward. One law that frequently causes misunderstanding is California Penal Code 32, which defines the crime known as Accessory After the Fact.
This guide explains California Penal Code 32 in clear, plain language. You’ll learn what qualifies as being an accessory after the fact, how it differs from other criminal roles, common examples, penalties, defenses, and why these charges should always be taken seriously.
What Is an Accessory After the Fact Under California Law?
Under California Penal Code 32, a person commits a crime if they knowingly assist someone who has already committed a felony with the intent to help that person avoid arrest, trial, conviction, or punishment.
The key point is timing:
An accessory after the fact does not participate in the original crime. Instead, the alleged illegal conduct happens after the felony is completed.
The law focuses on post-crime assistance, not planning or committing the offense itself.
Legal Elements of Penal Code 32
For the prosecution to secure a conviction, it must prove all of the following elements beyond a reasonable doubt:
A felony was committed
The underlying offense must be a felony. Accessory after the fact charges do not apply to misdemeanors.The defendant knew about the felony
The accused must have actual knowledge that the other person committed, was charged with, or was convicted of a felony.The defendant helped the felon after the crime
Assistance may include harboring, concealing, or aiding the individual.Intent to help the person avoid justice
The assistance must be given with the purpose of helping the felon evade law enforcement or punishment.
If even one of these elements cannot be proven, the charge should not stand.
What Counts as “Helping” Under Penal Code 32?
The law covers a wide range of actions, as long as they are intentional and designed to help the felon avoid consequences. Examples include:
Hiding someone in a home, garage, or other location
Providing money, transportation, or supplies to help them flee
Driving a felon away from a crime scene after learning what occurred
Lying to police or providing a false alibi
Destroying or concealing evidence
Helping someone leave the state or country to avoid arrest
Importantly, passive behavior alone is not enough. Simply being related to a felon, knowing about a crime, or remaining silent does not automatically make someone an accessory after the fact.
What Is NOT Accessory After the Fact?
Many people worry they could be charged simply for knowing someone who committed a crime. In reality, Penal Code § 32 has clear limits.
The following actions by themselves generally do not qualify:
Failing to report a crime
Refusing to speak to police
Being present after a crime without offering assistance
Giving emotional support without helping evade law enforcement
There must be active, intentional assistance designed to interfere with the justice process.
Accessory After the Fact vs. Aiding and Abetting
A common source of confusion is the difference between accessory after the fact and aiding and abetting.
Aiding and abetting occurs before or during a crime. It involves helping plan, encourage, or carry out the offense.
Accessory after the fact occurs only after the crime has been completed.
This distinction matters because aiding and abetting makes someone legally responsible for the underlying crime itself, while accessory after the fact is a separate, lesser offense.
Penalties for Penal Code 32 Violations
Accessory after the fact is considered a “wobbler” offense, meaning prosecutors may file it as either a misdemeanor or a felony depending on the circumstances.
Misdemeanor Penalties
If charged as a misdemeanor, potential penalties include:
Up to 1 year in county jail
A fine of up to $5,000
Informal probation
Felony Penalties
If charged as a felony, potential penalties include:
16 months, 2 years, or 3 years in state prison
A fine of up to $5,000
Formal probation in some cases
Although these penalties are less severe than those for many felonies, a conviction can still have long-lasting consequences.
Consequences of an Accessory After the Fact Conviction
Beyond jail or prison time, a conviction under Penal Code 32 can lead to additional problems, such as:
Difficulty passing background checks
Loss of professional licenses
Immigration consequences for non-citizens
Damage to reputation and employment prospects
Because these consequences can affect your future long after a case ends, it is critical to treat accessory after the fact charges seriously.
Common Legal Defenses to Penal Code 32 Charges
Every case is unique, but several defenses are commonly used to fight accessory after the fact allegations.
1. Lack of Knowledge
If the defendant did not actually know a felony was committed, a required element of the crime is missing.
2. No Intent to Help Avoid Justice
Helping someone without the intent to hide them or interfere with law enforcement may not meet the legal standard.
3. Mere Presence
Being present after a crime or associating with the accused felon is not enough to prove accessory liability.
4. Duress or Coercion
If the defendant acted under threat or fear of harm, a duress defense may apply.
5. False Accusations or Insufficient Evidence
Accessory cases often rely on statements and circumstantial evidence, which can be challenged in court.
An experienced defense attorney can identify weaknesses in the prosecution’s case and work toward reduced charges or dismissal.
Can You Be Charged If the Felon Is Never Convicted?
Yes. A person can still be charged as an accessory after the fact even if the principal offender is never convicted. What matters is whether the prosecution can prove that a felony occurred and that the defendant knowingly assisted afterward.
Why Penal Code 32 Charges Require Immediate Legal Help
Accessory after the fact cases often involve emotionally charged situations — helping a friend, partner, or family member in a moment of stress. Unfortunately, actions taken during these moments can lead to serious criminal charges. Because intent and knowledge are key elements, early legal representation can make a significant difference in how a case is handled, negotiated, or dismissed.
Call Southwest Legal Today for Help With Penal Code 32 Charges
If you or someone you care about is facing Accessory After the Fact charges under California Penal Code § 32, you do not have to face the legal system alone. Southwest Legal has the experience, knowledge, and dedication to protect your rights, analyze the evidence, and build a strong defense tailored to your situation. Contact us today to schedule a free confidential consultation and learn how an experienced criminal defense team can help you move forward with confidence.
