Under California Penal Code Section 33, an accessory to a felony faces a fine of up to $5,000, up to one year in county jail as a misdemeanor, or 16 months, two years, or three years in county jail as a felony.1California Legislative Information. California Code Penal Code 33 – Punishment of Accessory Because the offense is a wobbler, how the prosecutor charges it and how the judge sentences it can change the outcome dramatically.
The Three Sentencing Options
Section 33 gives a judge three tools, which can be used separately or in combination:1California Legislative Information. California Code Penal Code 33 – Punishment of Accessory
- A fine of up to $5,000.
- Up to one year in county jail, if the offense is handled as a misdemeanor.
- A county jail term of 16 months, two years, or three years, if the offense is handled as a felony under Penal Code Section 1170(h).
The statute sets the same sentencing range regardless of what the underlying felony was. The person helped could have committed a petty felony theft or a homicide; the accessory’s exposure under Section 33 is identical on paper. That puts enormous weight on charging discretion and on the wobbler decision described below.
Felony or Misdemeanor: How the Wobbler Breaks
Because Section 33 is a wobbler, the prosecutor can file it either way. The decision usually turns on how serious the underlying felony was, how much help you gave, and your criminal history. Helping someone flee after a murder tends to draw a felony filing. Letting a friend stay on your couch after a nonviolent theft is more likely to come in as a misdemeanor.
Even after a felony filing, Penal Code Section 17(b) gives several points where the charge can drop to a misdemeanor:2California Legislative Information. California Penal Code 17
- Before trial, the court can reclassify the offense on its own motion or at a party’s request.
- At charging, the prosecutor can file the complaint as a misdemeanor from the start.
- At sentencing, if the judge grants probation instead of a felony jail term, the court can declare the offense a misdemeanor at that time.
- After probation ends successfully, you or your probation officer can petition the court to reduce the conviction.
Which way the charge lands is often the most consequential thing that happens in the case. A misdemeanor carries far lighter collateral consequences than a felony for employment, housing, and professional licensing.
Where the Time Is Served
A felony sentence under Section 33 is served in county jail, not state prison. California’s 2011 realignment moved offenses punishable under Section 1170(h) to local custody.3California Legislative Information. California Penal Code 1170h There are narrow exceptions. If the defendant has prior convictions for serious or violent felonies, is a registered sex offender, or has certain sentencing enhancements, the sentence moves to state prison.
When Section 33 Doesn’t Set the Punishment
Section 33 opens with an important qualifier: its penalties apply “except in cases where a different punishment is prescribed.”1California Legislative Information. California Code Penal Code 33 – Punishment of Accessory Some California statutes set their own penalties for accessories to particular crimes, and those override the default framework.
The statute also only reaches help given after a felony. If the crime the other person committed turns out to be a misdemeanor, Section 33 doesn’t apply at all.4California Legislative Information. California Code Penal Code 32 – Definition of Accessory And if you were involved during the crime rather than after, you’re facing aiding and abetting liability instead, which carries the same punishment as the principal, not the accessory range in Section 33.
Consequences a Sentence Doesn’t Capture
The jail time and fine are only part of what a felony conviction under Section 33 costs you.
Firearm rights go away. Penal Code Section 29800 bars anyone with a California felony conviction from owning, buying, receiving, or possessing a firearm, regardless of whether the felony involved violence.5California Legislative Information. California Penal Code 29800 A felony accessory conviction triggers the ban the same way any other felony would.
Immigration consequences can be severe. The Board of Immigration Appeals has treated a California accessory-after-the-fact conviction as an obstruction-of-justice aggravated felony when the sentence is at least one year, which can make a noncitizen deportable and foreclose many forms of relief. If you are not a U.S. citizen, do not accept any plea on an accessory charge without first talking to an immigration attorney.
Felony convictions also show up on background checks and can block government jobs, professional licenses, and some housing programs. A misdemeanor is far less damaging on those fronts, which is why the wobbler reduction described above matters so much to the long-term picture.
Clearing the Record Afterward
Penal Code Section 1203.4 lets you petition the court to dismiss the conviction once you have completed probation.6California Legislative Information. California Penal Code 1203.4 If the court grants it, your guilty plea is withdrawn and the case dismissed. You must have fulfilled all probation conditions, and you cannot be currently serving a sentence, on probation, or facing another charge when you file.
Expungement is not a full erasure. It will not restore firearm rights lost to a felony conviction, and some licensing boards and law enforcement agencies can still see the original record. For most private-sector employment and housing, though, an expunged conviction does not have to be disclosed. If the felony was first reduced to a misdemeanor under Section 17(b) and then expunged, the pairing can substantially limit the long-term damage.2California Legislative Information. California Penal Code 17