An accomplice is an individual who encourages or aids another person in committing a crime. This differs from solicitation, where one person urges another to commit a crime, but the criminal does not commit the crime.
Moreover, the accessory in criminal law refers to the person who helps and supports the criminal to commit his crime. The court of law considers them equally guilty for voluntarily supporting the criminal activities.
Additionally, an accessory contributes in hiding evidence and the crime scene from the law officers, for which they are charged as guilty.
In order to distinguish the level of charges against an accessory and a criminal, the law has adopted certain terminologies. Moreover, the court follows these terminologies in accessory charges to rule out the criminal cases.
Wondering what happens with the accessory in the court?
Keep reading this article to know about the four charges you can face as an accomplice to a crime.
Terminologies in Accessory Charges
Knowing some terminologies in accessory charges is essential to enhance your understanding of the charges you can face as accomplices.
They include:
Principal — it refers to an individual who is centrally involved in the offense.
Accessory — it defines an individual who was part of the crime but not part of those directly responsible for the crime.
Conspiracy — this happens when two or more individuals plan a crime.
Moreover, it is crucial to establish the difference between a conspirator and an accomplice. As, conspiracy is itself a crime apart from the underlying criminal act.
Furthermore, an accomplice does not necessarily aid and abet crime, as aiders and abettors are guilty of the underlying crimes they encourage. Accomplice crimes are distinct and have their guilt and criminal liability.
Additionally, the law has divided the accessories into two categories to further distinguish their criminal contribution to the case. These divisions are namely, accessory before the fact and accessory after the fact.
The accessory before the fact is the person who encourages the criminal with aids and materialistic assistance. Similarly, the accessory after the fact is the person who intentionally conceals the criminal or the knowledge about the crime.
Criminal Charges Against an Accomplice
An accomplice can face the following four charges based on their level of involvement in a crime. These terminologies in accessory charges used to identify these four stages are:
Principal in the First Degree
The term “principal in the first degree” refers to an individual who committed the crime. They are the actual perpetrator or enforcer of the criminal activities, reported to the court.
For instance, in the case of a murder, the person inflicting the wound becomes the principal in the first degree. And, in a court of law, they will be judged based on their charges.
Furthermore, all crimes must have at least one first-degree principal. However, it’s possible for multiple individuals to share this role if they have actively participated in committing the crime.
Principal in the Second Degree
In the terminologies in accessory charges, the term “principal in the second degree” refers to the person who was present in the crime scene. The law officers suspect them as accomplices attempting to conceal the crime or help the criminal.
Although they do not personally engage in any illegal action, they aid and abet the criminal act. Moreover, they are directly involved in the scheming of the crime and encourage the criminal to take the wrong actions.
While they do not directly commit the crime themselves, the court deems their involvement substantial and holds them criminally liable. Moreover, they are charged in the court of law for this involvement with the criminal.
So, the terminologies in accessory charges applicable for them include:
- Constructively—you are not at the crime scene.
- Actually—you are at the scene.
Accessory Before the Fact
The crime of accessory before the fact is equivalent to a principal in second-degree. As, the defendant aids the criminal committing the crime but is, however, not available at the crime scene.
This is the most common type of charge that police inflict upon an accomplice of any criminal or criminal activities.
“The accessory before the fact is often the person who plans the crime but is not physically present during its commission. They are considered to be the mastermind or planner behind the criminal act,” says criminal defense attorney William Umansky of The Umansky Law Firm Criminal Defense & Injury Attorneys .
Accessory After the Fact
The authorities can also charge a defendant for accessory after the fact. When a person helps in concealing the crime or helping criminals escape the law officers’ custody, they become guilty.
Even though they are not physically present in the crime scenes, the law tries them at the court.
Moreover, hiding a crime principal from the police is the most typical example of the accessory after the fact.
This assistance can include harboring, concealing, or providing aid to the felon. For instance, concealing stolen property or providing a false alibi for a fugitive constitutes aiding and abetting a felon.
Our Advice for Legal Charges
In the legal world, you can face charges for giving information to an individual, who uses it for criminal activities. Based on your involvement with the crime, the court of law can punish you for your assistance to the criminal.
Sometimes, these charges can become burdensome for some people and often overwhelm them with the legal intricacies.
In case you encounter such charges, you should contact your local criminal defense lawyer. As, they will help you to understand your situation in the legal field and guide you with prompt legal advice.
Moreover, they will work to advocate your case in the court of law, and represent you during the trials. Additionally, their help will ensure that the legal officials treat you fairly and justly before the court of law.
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