Get Legal Help with Your Questions About Complicity or Accomplice Liabilityīeing accused of accomplice liability is a serious matter. However, if and when the planned robbery is committed by the individuals, they could be charged with both conspiracy and robbery (as principals or accomplices, depending on their role in the robbery). purchasing a car, guns, and tools for the robbery), they could each be charged with the crime of conspiracy to commit robbery, even if the robbery never happens. Furthermore, unlike accomplices to a crime, conspirators can be guilty even if their plan is not completed.Įxample: If a group of individuals gets together, agrees to plan and commit a robbery, and takes an overt action to accomplish their plan (e.g. A conspirator agrees with others to commit a future crime, while an accomplice assists, in some way, in the actual commission of a crime. The Difference Between Complicity and ConspiracyĮach state's criminal charges will vary, but typically if you takes an active role in the planning of a crime, you could be charged with being part of a conspiracy.

Directing a vehicle to a dead-end street where you know an armed carjacker is waiting.

Loaning a handgun to someone who you know is planning to commit a crime.

Turning off the alarm system of a jewelry store in which you work, knowing that it will be robbed later that evening.

Serving as the getaway driver in a bank robbery.

The following examples illustrate the many ways an individual may be an accomplice to a criminal act:

The defendant acted with the requisite mental state in their jurisdiction, for example, knowingly or purposefully, to assist in the crime.

The defendant 'aided, counseled, commanded, or encouraged' the other person in the commission of the crime.

A crime was committed by another individual.

While it varies by state, a prosecutor typically must be able to prove the following four elements to convict someone of being an accomplice or aiding and abetting: The key consideration is whether the individual intentionally and voluntarily encouraged or assisted in the commission of the crime, or (in some cases) failed to prevent it. Indeed, accomplices can face the same penalties, including prison time. The concept of accomplice liability means an accomplice faces the same degree of guilt and punishment as the individual who committed the crime. But, even though an accomplice does not actually commit the crime, his or her actions helped someone in the commission of the crime.

One who is complicit is said to be an accomplice. It is also commonly referred to as aiding and abetting. Complicity is the act of helping or encouraging another individual to commit a crime.

4 elements of crime