In many cases, some people become an accomplice in a crime without even knowing it. When it comes to the law, you will discover that there are more pressing questions to attend to. Some people may want to know why a criminal lawyer is essential and how to tell the difference between criminal and civil law.
Many people who may have been charged for being an accomplice in a criminal case do not understand what it entails, and it would help if they did. Just the same way you are interested in getting a response to these questions, it is crucial for you also to know what makes you an accomplice to a crime. However, if you find yourself in any legal trouble, you should always consider hiring a criminal defense attorney.
Who is an Accomplice?
An accomplice is an individual who helps the main perpetrator commit a criminal offense. In other words, any actions the accomplice takes are to help the perpetrator commit a crime, major or minor.
However, being an accomplice is quite different from being a co-conspirator. Co-conspirators can work together to plan the crime, and they are responsible for a significant role in the criminal act.
Accomplices and Accessories
Like accomplices, accessories will intentionally do something to help the major actor commit a crime. While laws may differ by jurisdiction, an accessory usually aids the perpetrator before or after the crime and may not be physically available at the scene. For instance, if you only helped a major player in a crime avoid the penalty, you can be known as an accessory to the crime and not an accomplice.
Many laws in various states differentiate between ‘accessories before the fact’ and ‘accessories after the fact.’ However, in most states, accessories before the fact are considered accomplices and are, in most cases, charged and receive the same punishment as the key actor.
In other cases, accessories after the fact usually receive a much less charge and punishment than accomplices and principals.
What Makes You an Accomplice of a Crime?
In some states, the proper term for becoming an accomplice is “aiding and abetting a crime.” It means that an individual must have provided help to the person responsible for the crime in one way or another. If you are suspected of aiding and abetting a crime, you could be prosecuted.
For an accomplice to be guilty of aiding and abetting a crime, they may do the following:
- Drive a getaway car
- Serve as a ‘lookout’ to a crime
- Provide the main perpetrator with information and tools to commit a crime
Accomplices may not be present at the criminal offense scene to be charged, especially if it can be proven that they helped facilitate the crime.
What is the Punishment For Being an Accomplice?
Generally, the punishment for being an accomplice to a crime depends on the state involved or some facts surrounding the case. These facts may include how you are involved in the case, to what degree, how much you know, and your criminal history would affect your sentence to being an accomplice to the crime. One unfortunate matter is that the accomplice is usually provided with the same punishments as the person who committed the crime.
You will not be charged as a key actor in the criminal activity if you were aware of the crime but did not participate, encourage, help, or facilitate its execution. At some point, it may be difficult for the prosecution to prove you were an accomplice to a crime.
You may want to consult a criminal defense attorney about your situation before pleading guilty to the case. Your lawyer will be in the best position to advise you on what to do based on your matter’s peculiar situation.
How Can a Prosecutor Prove You Guilty of Being an Accomplice?
You may be accused of helping an individual in committing a crime. Luckily, some of the jobs of a reasonable prosecutor include the following:
- Knowledge: A professional prosecutor must prove that you knew beforehand that an individual would commit a crime.
- Acting: They must also prove that you helped, promoted, encouraged, and instigated a crime for it to happen.
- Intent: One more thing a prosecutor must prove is that you had every intention of helping an individual commit a crime.
Defenses Against the Charges of Being an Accomplice to a Crime
If you or anyone you know is charged with aiding and abetting a crime, there are several methods of defense an experienced criminal defense attorney can use. They include:
- False Accusation: This means that an individual has wrongly identified you as an accomplice. The defense attorney will have to convince the court that the accusation leveled against you was false
- Lack of Participation: You did not, in any way, do anything to encourage or aid criminal activity
- Accessory After the Fact: This type of defense may not secure a ‘not guilty’ sentence for you, but it will reduce it by claiming that you are not an accomplice to a crime as it was happening, but only after it had already taken place
- Duress: It means you were forced into aiding a crime because of threats of injury or immediate death
- No Duty to Perform: You may have been present during the crime, but it was not your duty to prevent it
- Participation withdrawal: Before the act took place, you changed your mind about participating, and you made sure your partner in crime was aware of it.
Conclusion
What if, by any chance, you are accused of being an accomplice or aiding and abetting a crime? In that case, you need to find a reputable or professional criminal defense lawyer as soon as you can. Aiding and abetting is a serious accusation and involves a lot of crimes that an experienced lawyer can help you settle.
The prosecution is meant to prove you assisted or encouraged the execution of the crime. Besides, you can trust a skilled attorney to evaluate the case facts and advise you based on the prosecutor’s strong evidence against you or the available and potential defense options you have.
Media Information:
Christopher L. Jones
650 East Washington St. Greenville SC 29601
(864) 362-3227
