What is an Accomplice?An accomplice is someone who intentionally helps another in committing a crime. At common law, this type of activity is usually described as żaiding and abettingż or encouraging, procuring, soliciting, or advising the commission of the crime. What is the Liability of Accomplices?Generally, one who is found to be an accomplice is deemed liable for the crimes committed by the primary party. Some courts even consider accomplices liable for other crimes that are a "natural and probable consequence" of the crime that the accomplice aided or abetted. What Makes a Person an Accomplice?There are four different categories of accomplices, based on the level of participation. - Principal in the first degree This person either physically commits the crime or commits it by use of an innocent instrumentality or human agent.
- Principal in the second degree Such an accomplice intentionally helps another commit a crime while in the presence of the principal in the first degree (i.e. a "lookout").
- Accessory before the fact Such an accomplice is not present at the scene of the crime, but does solicit or command the principal in the first degree to commit the crime.
- Accessory after the fact Such an accomplice intentionally helps a guilty party to avoid arrest, trial, or conviction. The accessory after the fact provides aid after the crime is already committed.
Under accomplice liability principles, a principal in the second degree and an accessory before the fact are just as liable for the crimes committed as the principal in the first degree. However, today most jurisdictions view accessory after the fact as a separate and less serious offense than the crime committed by the principal in the first degree. Do I Need an Experienced Criminal Law Attorney?If you believe you may fall under one of the categories of accomplices or if you have been accused of such a crime, it would be helpful to consult an attorney. An attorney would be able to help you gather the evidence and put a case together. |
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