Accomplice Liability

Criminal Intent - Accomplice Liability

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Accomplice liability is one of a whole of ways that prosecutors can expand the scope of a crime and contain more individuals who were potentially complicated in the crime. Accomplice liability, which can also be called aiding and abetting or complicity, is based on manufacture an personel who helps or even merely encourages the commission of a crime. Accomplice liability is sometimes confused with conspiracy in that they both want a whole of habitancy to work together in the commission of a crime. The variation between accomplice and conspiracy is that conspiracy requires an agreement whereas accomplice does not.

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Criminal Intent

An accomplice must, in some way, actively share in the commission of a crime, even if the person does not literally take part in the actual criminal offense. For example, in a bank robbery, the person who literally points the gun at the teller and asks for the money in the bank is guilty of armed robbery. Many bank robbers do not act alone though and so those that helped by playing the role of look out or providing the getaway car are accomplices, even though the actions taken by these people, without their buddy's robbing of a bank at gun point, do not constitute illegal actions or crimes.

Accomplices are different from accessories. Accessories are regularly not literally present at the commission of the crime and are typically subject to lesser penalties than the accomplice or requisite would receive. An accomplice is literally present when the crime is committed and can be prosecuted, potentially, even if the main criminal, known as the principal, is not charged or convicted.

At law, an accomplice is assigned the same degree of guilt as the person who he or she assisted in the commission of the crime. The accomplice is also subject to prosecution for the same crime and faces the same criminal penalties.

Where the crime is available, aiding and abetting, or accomplice, ordinarily requires three elements for thriving prosecution. The prosecution must be able to prove that there was an fundamental violation by a principal, the accomplice had knowledge of the violation and or the intent to facilitate the violation, and that the accomplice assisted the requisite in the criminal violation.

Accessories differ from accomplices in that they are assigned a lower level of guilt and cannot be prosecuted or convicted if the requisite is not convicted. The accessory also cannot be convicted of a crime greater than that of the requisite or receive a harsher punishment.

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