According to the California Penal Code Section 32 PC, the crime of accessory after felony or Aiding and Abetting, requires the following elements to be prosecuted: Every individual who, after a felony has been committed, hides, harbors, or aids a main felon in such felony, with the intent that said person who committed the felony may avoid or escape from arrest, trial, conviction or punishment, as well as having knowledge that such main felon has committed the felony or has been charged with it or convicted. Therefore, this individual is an accessory to such felony.
Punishments for accessory After Felony in California
The penalties for this crime go under the California Penal Code 33. It states that except in cases where a different punishment is prescribed, an accessory or aiding and abetting is punishable by a fine not exceeding $5,000 USD, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment. Additionally, depending on the case a different punishment can be applied in accordance to subdivision (h) of Section 1170, that states that the accused shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.
- No intent
- Lack of Evidence
- False Accusation
- Under Duress or threats
California Best Criminal Defense Attorney
If you are a citizen of California and you or any of your family members are facing charges of this crime, hiring a criminal defense attorney is the best course of action to guide you step by step through long legal processes and get the best deal possible. The Law Office of Raoul Severo is one of the best awarded General Counsel Law Firm in California who is at your disposal for a free of charge assessment of your case.
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