How the Authorities Can Charge You as an Accomplice to a Crime

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 crime is not ultimately carried out. 

This article explains four charges you can face as an accomplice to a crime.

Terminologies in Accessory Charges

Knowing some terms in accessory charges is essential to enhance your understanding of the charges you can face as an accomplice. They include:

Principal—it is an individual who is centrally involved in the offense. 

Accessory—it is an individual who was part of the crime but not part of those directly responsible for the crime. 

Conspiracy—it is when two or more individuals plan a crime. 

It is crucial to establish that a conspirator differs from an accomplice. 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. 

Criminal Charges Against an Accomplice

An accomplice can face the following four charges based on their level of involvement in a crime:

Principal in the First Degree

A “principal in the first degree” is an individual who committed the crime. For example, in a stabbing, the person who inflicts the fatal wound is the principal in the first degree. .

All crimes must have at least one first-degree principal.  It’s possible for multiple individuals to share this role if they actively participate in committing the crime. 

Principal in the Second Degree

A “principal in the second degree” was present during the crime. Although they do not personally engage in any illegal action, they aid and abet the criminal act. They are involved in the planning of the crime. 

While they do not directly commit the crime themselves, their involvement is deemed substantial enough to hold them criminally liable as if they were the primary perpetrator. The terms applicable include:

• Constructively—you are not at the crime scene
• Actually—you are at the scene

Accessory Before the Fact

An accessory before the fact is equivalent to a principal in second-degree because the defendant aids the individual committing the crime but is not available at the crime scene. It is the most typical charge. 

“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 if the person does not take part physically in the crime but helps or hides the principals after committing the crime. Hiding a crime principal from the police is the most typical example. 

This assistance can include harboring, concealing, or providing aid to the felon. For example, concealing stolen property or providing a false alibi for a fugitive constitutes aiding and abetting a felon.. 

Conclusion

You can face charges for giving someone information they use to commit a crime. The law can also punish people who hide criminals to prevent them from being prosecuted. These charges are often burdensome and overwhelming to defendants. 

Contact a local criminal defense lawyer when the police accuse you of being an accessory. Your lawyer will advise you and become your advocate. They can represent you during the trial and ensure the other party does not treat you unjustly.