What is the Sentence for Accessory to Murder in California?

Facing an accessory to murder charge in California can be a daunting experience, to say the least. Even if you didn’t commit the murder yourself, the law treats those who aid or assist offenders with the utmost seriousness.

The consequences of a conviction can range from lengthy prison sentences to lasting damage to your personal and professional life.

Accessory to murder charges are complex and hinge on specific legal definitions and facts. Understanding what qualifies as accessory behavior, how prosecutors build their cases, and what penalties you might face is the first step to safeguarding your rights. Whether you’ve been accused of aiding before or after a crime, the stakes are high, but with the right defense, you can fight back.

Here’s everything you need to know about accessory to murder in California, including what it means, how it’s proven, and the penalties that could follow.

What is accessory to murder?

Under California Penal Codes 31 and 32 PC, accessory to murder refers to someone who aids, abets or assists another person in connection with a murder. This can include helping someone plan the murder, covering up the crime or helping the perpetrator evade arrest.

Accessory to murder is distinct from being the principal offender. While the principal is the person who commits the murder, an accessory provides support before or after the crime without directly participating in the act of killing.

Types of accessory to murder

Accessory charges are generally divided into two categories:

  • Accessory before the fact – This involves aiding or encouraging the crime before it occurs, such as providing a weapon, transportation or advice on how to commit the murder.
  • Accessory after the fact: –This involves assisting the offender after the murder has taken place, such as disposing of evidence, lying to law enforcement, or harboring the fugitive.

In California, accessory before the fact is treated similarly to aiding and abetting, which can carry the same penalties as the underlying crime. Accessory after the fact is typically charged as a separate offense.

Possible penalties for accessory to murder

In California, the penalties for accessory to murder depend on the circumstances of the case and the role played.

Accessory before the fact (31 PC)

If you are charged with aiding and abetting, you may face the same penalties as the person who committed the murder. First-degree murder carries a sentence of 25 years to life in prison, while second-degree murder can result in 15 years to life.

Accessory after the fact (32 PC)

This is often charged as a felony. Penalties can include up to 3 years in state prison, fines and probation.

Aggravating factors, such as gang involvement or prior convictions, can increase the severity of the sentence.

How a prosecutor will prove accessory to murder

To convict someone of accessory to murder, the prosecution must prove the following elements:

  1. Knowledge – You knew that a murder had been committed.
  2. Intent – You willfully intended to assist the offender in avoiding capture, prosecution or punishment.
  3. Action – You performed an act to aid or assist the offender, such as providing resources or misleading law enforcement.

If the prosecution cannot prove all three elements beyond a reasonable doubt, they cannot secure a conviction.

Defenses against accessory to murder charges

Several legal defenses can be used to challenge accessory to murder charges in California. These include:

  • Lack of knowledge – You were unaware that a murder had been committed, which negates the knowledge element.
  • No intent to assist – If your actions were not willfully intended to help the offender, you cannot be convicted as an accessory.
  • Duress or coercion – If you were forced to assist under threat of harm, you may have a valid defense.
  • Insufficient evidence – Weak or circumstantial evidence may be challenged to prevent a conviction.
  • Violation of rights – If law enforcement violated your constitutional rights during the investigation or arrest, critical evidence could be suppressed.

The success of any defense depends on the facts of the case and the skill of your legal representation.

Facing accessory to murder charges can be overwhelming, but a strong legal defense can make all the difference. Attorney Robert M. Helfend has more than 40 years of experience defending clients in California against serious felony charges, including murder and accessory to murder. His aggressive, results-driven approach has earned him recognition as one of California’s top criminal defense attorneys.

Don’t face these charges alone. Contact Helfend Law Group today for a free consultation and take the first step toward protecting your rights and your future – 800-834-6434.

Published January 17, 2025.