Penal Code 32 makes it a crime to harbor, conceal, or aid someone who committed a felony — knowing they did it, and with the intent to help them avoid arrest, trial, or punishment.
It is a wobbler, and it requires both knowledge of the felony and intent to help.
What PC 32 Says
PC 32 has demanding elements: (1) someone else committed a felony; (2) you knew they had committed it; and (3) you harbored, concealed, or aided them with the specific intent that they avoid arrest, trial, conviction, or punishment. Mere presence, or helping without knowing the person committed a felony, is not enough.
Wobbler
Being an accessory is a wobbler (Penal Code 33): a misdemeanor carrying up to one year in county jail, or a felony. Which way it goes usually depends on the seriousness of the underlying felony and the person’s role and record.
Defenses
- No knowledge. You did not know the person had committed a felony.
- No intent to help them escape justice. Giving a friend a ride or a place to stay, without that specific intent, is not a crime.
- The underlying offense was not a felony, or was not committed.
- Reduction under PC 17(b) and judicial diversion (PC 1001.95) can keep an eligible case a misdemeanor and out of a conviction.
Frequently Asked Questions
What does it mean to be an accessory after the fact?
Under PC 32, it means harboring, concealing, or aiding someone who committed a felony — knowing they committed it, and with the specific intent to help them avoid arrest, trial, or punishment. Both knowledge and that intent are required.
Is accessory after the fact a felony or a misdemeanor?
It is a wobbler under Penal Code 33 — a misdemeanor carrying up to one year in county jail, or a felony, depending on the underlying felony and the person's role and record.
Is it a crime to help a friend who committed a crime?
Only if you knew they committed a felony and acted with the specific intent to help them avoid arrest or punishment. Giving someone a ride or a place to stay, without that knowledge and intent, is not accessory after the fact.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com