Legal Question in Criminal Law in California

You're referring to being an accessory of some sort, either in the commission of the murder (if going to the party with the intent to murder) or after the murder (driving the shooter from the scene) . Regardless of being an accessory in the commission of the killing or after the fact, you could be charged with felony murder, which is charged when a homicide occurs during the commission of a felony such as burglary. You could be charged with both.

Yes. The prosecution can charge someone with almost any crime, even if they didn't PERSONALLY do the crime, if the prosector feels the person aided or conspitred or encouraged the actual perpetrator in some or any way. In the facts you speak of, the driving away of the shooter could be considered aiding the shooter to flee and therefore charge them with the murder. It seems clear to me that you need to speak to an attorney that has experience in murder cases, in or near your area. Most attorneys offer FREE consultations, so you have nothing to lose, and a wealth of knowledge to gain. I wish you well.... David Wallin

Frankly, I'm not following the first answer posted, as the term "accessory" doesn't apply to somebody who participates in the commission of a crime. The term "felony murder" also only applies in certain circumstances, but not every felony.

There are two different parts of the equation - principals and accessories.

Principals are those that actually commit the crime and those that somehow assist, aid, encourage (also known as aiding and abetting). To be aiding and abetting, you must have knowledge of the crime planned and do something to facilitate its occurrence. For example, if you knew your friend was going to rob a bank and you loaned him a gun, you would be actively assisting the crime to be committed. If your friend said they were going target shooting and you loaned them your gun, but they actually went and robbed a bank, you're not guilty of anything since you had no knowledge of what they intended.

The other part are accessories. To be an accessory, you must have knowledge that a felony was committed, then do something to help a principal escape, avoid capture, prosecution, etc.

Depending on where they think you fall, you could be charged with murder, even if you didn't do the killing. If they think you're a principal, then you would face murder charges as well. Principals all face the same charges (potentially).

An accessory faces a maximum of 3 years in prison... much less than the person who actually committed the killing.

If this is beyond just a hypothetical situation, you need to speak face to face with a local criminal defense attorney. The difference between principal, accessory and not being charged or convicted at all is huge. Protect yourself. Do NOT discuss this with anyone except your attorney.