Accessory After The Fact California Penal Code 32
California Penal Code 32 is the law for Accessory after the Fact (AATF). This law comes up whenever a person has assisted a perpetrator after they have committed a specific crime. This person has assisted in someway to protect the perpetrator from arrest, convictions, or even escaping from police. However, if the person assisting has a plan or an agreement with the felon then it would not be considered an AATF. There are four elements to be met for AATF. They are :
- 1) The person has committed a felony
- 2) The person knowingly assisted the individual
- 3) The person assisting knows the felon has committed a felony, charged with a felony, or was convicted of a felony
- 4) And the person has intent to protect the felon from arrest, trial, or conviction.
There are six defenses to AAFT.
Defenses
The six defenses to AATF are
- 1) The assistant had no knowledge of the crime
- 2) There was no actually felony taking place
- 3) The assistant was merely a bystander
- 4) The assistant was under duress
- 5) The assistant was falsely accused
- 6) The assistant was mistaken for someone else.
Penalties
Assisting a felon after he or she has committed a crime could face up to one year in county jail or 16 months or two or three years in the California state prison.