Murder charges are some of the most serious in our legal system. The way you might be connected to a murder case makes a big difference in the charges you face. Knowing the difference between accessory to murder versus attempted murder can change your whole defense.
At Perlman & Cohen, our Los Angeles criminal defense attorneys help clients facing these tough charges. We know how to explain your specific case and build a strong defense for you.
Accessory to murder means you helped someone who killed another person, either before or after the crime. Meanwhile, attempted murder involves a deliberate and unsuccessful effort to take another person’s life. These charges reflect very different roles in a murder case.
Each charge needs different proof of intent. For attempted murder, prosecutors must show that you specifically wanted to kill the victim. For accessory charges, they need to prove you knowingly helped the principal offender who committed the murder.
The punishments for these charges are very different, too. Attempted murder can lead to life imprisonment, similar to murder itself. Accessory charges, while still felony crimes in most cases, often bring lighter sentences of up to three years in county jail or state prison.
In real cases, shooting at someone to kill them leads to attempted murder charges. Hiding a murder weapon after someone else kills a person results in accessory after-the-fact charges.
Under California law, murder is when someone unlawfully kills another person with evil intent (legally called "malice aforethought"). This criminal offense is one of the most serious because it involves taking a human life.
Murder charges in California come in different types. First-degree murder involves planned, deliberate killing. Second-degree murder lacks planning but still involves malice. Some places also have third-degree murder for certain unplanned killings.
These basic murder charges help us understand both accessory and attempted murder charges. Both charges connect to the crime of murder but differ in how the person took part in the criminal act.
An accessory to murder is someone who helps a principal offender commit murder or avoid getting caught without directly taking part in the killing. The law makes a clear difference between someone who commits murder and someone who just helps out.
There are generally three roles related to accessory charges: accessory before the fact (helping plan), principal (present and helping during the crime), and accessory after the fact (helping after the crime). Each type shows different involvement under the California penal code.
Prosecutors build accessory cases by showing you knew about the crime and took specific actions to help the principal offender. They must prove you knowingly aided the person who committed the murder, like providing the murder weapon or helping them evade arrest.
Attempted murder under California law occurs when someone takes a direct step toward killing another person with the intent to cause death, but the victim survives. Prosecutors must prove that the defendant intentionally acted to end someone's life.
For attempted murder cases, the "specific intent to kill" is key. The prosecution must prove you truly wanted to kill the victim, not just hurt them. This makes attempted murder different from assault, which only involves wanting to cause harm.
A "direct step" toward committing murder means doing something real, not just planning. Actions like shooting at someone, poisoning their food, or hiring a hitman count as direct steps. Just thinking about killing someone or making threats isn't enough.
Attempted murder brings serious penalties in California under criminal law. First-degree attempted murder (planned) can mean life imprisonment with a chance of parole. Second-degree attempted murder typically brings 5, 7, or 9 years in state prison, reflecting the serious criminal liability involved.
For accessory to murder, your penalties depend on when you assisted the principal offender. If you aided before the murder (accessory before the fact), you might face the same charges as the person who committed the killing. Being an accessory after the fact—helping someone after a murder—can result in either misdemeanor or felony charges, carrying a potential three-year jail sentence, as it’s a legally severe offense.
Certain factors can make these sentences longer. If the accused used a gun, caused serious injury, or acted for a gang, or if the crime involved domestic violence, penalties can be harsher. Acting to help the primary offender evade detection or targeting police officers can add years to your sentence. Prior criminal convictions can also lead to harsher punishment, as the law considers the intent and actions of the perpetrator in each particular case.
Being an accessory after the fact means you helped someone after they committed murder, knowing what they did and wanting to help them avoid arrest. Common examples include hiding the murder weapon, providing a false alibi, or destroying evidence at the crime scene.
Real cases that lead to these charges include driving the getaway car after a murder, cleaning up blood evidence, hiding a suspect from police, or lying to investigators. Even small help can bring serious charges if you meant to help someone avoid justice.
Many people don't realize when friendly help crosses the line into criminal activity. The law doesn't care about your relationship with the person who committed murder—it only matters that you knowingly helped them avoid justice.
California Penal Code 32 addresses the actions of individuals who, after a felony has occurred, knowingly assist the main perpetrator in avoiding arrest, trial, conviction, or punishment. This includes harboring, concealing, or aiding the principal offender with full awareness of the crime committed, thereby rendering them an accessory to the felony.
In most jurisdictions, prosecutors can charge a person who aids the principal in committing a felony as either a misdemeanor or a felony. The severity is often linked to the case details and the individual's prior record. If charged as a misdemeanor, the conviction can result in penalties, including up to a year in county jail and substantial fines. Conversely, a felony conviction can result in state prison sentences of 16 months, 2 years, or 3 years.
A person can be charged as an accessory before the fact if they assist in planning a homicide but are not physically present during the crime itself. This includes providing the murder weapon, sharing important information about the victim, or helping plan the crime through prior agreement.
This differs from being an accomplice because an accessory before the fact isn't present during the murder. While accomplices are present during the crime and actively participate, accessories before the fact only help with planning.
The distinction between these roles affects how charges are filed and what defenses might work for you. Each type of involvement carries different legal consequences.
In California, the law considers accessories before the fact to be principals in the crime. This means you can face the same charges as the person who actually committed the murder. The legal system views helping plan a murder as being just as guilty as committing it.
The penalties can be the same as for the principal offender, including possible life imprisonment for first-degree murder or 15 years to life for second-degree murder. In some cases with special circumstances, you could even face the death sentence.
Several defense strategies work for both accessory to murder and attempted murder charges. These defenses challenge what you did, what you knew, or what you intended in your particular case.
Working with a seasoned criminal defense lawyer is key when dealing with these charges. We can identify weaknesses in the prosecution’s case, gather supporting evidence, and protect your rights. Strategic defense planning is often the deciding factor between prison and freedom.
A strong defense against accessory charges is proving that you didn't know about the crime or didn't mean to help someone escape justice. If you weren't aware the person had committed murder when you helped them, you lack the knowledge needed for conviction.
For a guilty verdict, prosecutors must demonstrate without question that you knew the offense when you aided the perpetrator. This gives your defense attorney room to challenge the evidence about what you knew and when you knew it.
Duress or coercion means you only helped because someone forced you to do so under threat, such as if another person puts you or your family in danger; that may be a valid legal defense.
This defense works when you can show you had no real choice but to comply. The key is proving that any reasonable person would have acted the same way because they feared being harmed.
When facing serious charges like accessory to murder or attempted murder, getting legal help right away is crucial. The prosecution starts building their case immediately, so you need someone fighting for your rights from the start.
Contact Perlman & Cohen today for a free case evaluation. Our experienced Los Angeles criminal defense attorneys are available to discuss your case and start building your defense. Call us now to protect your rights and future.
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