Accessory vs. Accomplice: What's the Difference in Criminal Law?

Most crimes involve more than one person, though there are cases in which someone commits a crime entirely on their own. When law enforcement begins to investigate a crime, it often becomes apparent that several parties are involved.

In most criminal cases, certain individuals are central to the commission of the crime. We refer to these actors as “principals.” These are the individuals present at the crime scene who actively participate in the crime.

Then there are other individuals who help plan the crime, carry it out, and manage its aftermath. Depending on a person’s level of involvement, they may be an accessory or an accomplice. In this article, we’ll explain the differences between accessories and accomplices and how the penalties differ for this type of involvement in a crime.

If you’re facing criminal charges for assisting with the commission of a crime or in its cover-up, contact a criminal defense attorney for legal advice. This article provides foundational information, but an attorney can help you understand how these rules might apply to your unique circumstances.

Key Differences Between Accessories and Accomplices

Many people use the terms “accessory” and “accomplice” interchangeably, but they are distinct legal concepts with different penalties. While both terms describe people involved in criminal activity, there are some key differences to be aware of:

• An accessory to a crime is someone who helps the principal actors after the crime has been committed. They are typically not present at the crime scene. Instead, they help the principals avoid arrest or prosecution. For example, they may help the principal offenders evade the police by hiding them in their basement.
• An accomplice plays an active role in the commission of the crime itself. They may have helped plan the crime or played an active role at the crime scene.

The legal system treats accessories as criminally liable, but their culpability is often considered less than that of the principal perpetrators. Still, the legal consequences of being an accessory of any type can be severe. In the eyes of the law, accessories help perpetrators avoid the consequences of their crimes, which undermines the criminal justice system.

Accessory Before the Fact vs. Accessory After the Fact

You’ve probably heard phrases like “accessory after the fact” before, either in news reports, movies, or TV. The general legal definition of an accessory is someone who helps another person commit a crime. “Aiding and abetting” is another familiar phrase. It’s often used to describe the behavior of an accessory.

Under common law, criminal charges can be brought against someone for either being an accessory before the fact or an accessory after the fact. As the phrases indicate, which one applies depends on when the accessory was involved with the offense(s):

• An accessory before the fact helped the principals plan the crime. They may have helped gather tools and materials or provided information like passwords and security codes.
• An accessory after the fact assists the other parties to a crime after it’s already been committed. For example, they may help bury evidence or hide another party from the police.

Most jurisdictions bring accessory charges only against someone seen as an accessory after the fact. Some jurisdictions may still use the before/after terminology. In most states, accessory charges are likely for someone who:

• Provides the principals with transportation to flee the crime scene or evade law enforcement
• Gives the principals money to go on the lam and avoid arrest
• Lies to law enforcement or misleads them in their investigation
• Provides the principals with a false alibi

Those who help with planning or other activities leading up to the crime are typically charged as accomplices. This means they face the same criminal charge as the principals.

How Prosecutors Prove Accomplice Involvement

When law enforcement arrests a suspect, they often know whether any other individuals were involved in the commission of the crime. For example, when the police investigate a bank robbery, they interview witnesses and review video recordings to identify the individuals involved. They will have an idea of how many suspects they are looking for at the outset of their investigation.

In other criminal cases, law enforcement arrests the principal actor and discovers the other players after the fact. Arresting a ringleader may prompt them to reveal others involved in a criminal activity.

Once law enforcement identifies the participants in a crime, the prosecutor will file criminal charges against all parties. The state often determines that one offender was the primary actor in a crime, while the others were mere accomplices.

To prove that a defendant was an accomplice to a crime, the state must demonstrate the following:

• They had the intent to engage in criminal activity
• They helped plan or execute the criminal offense
• In most instances, they were present during the commission of the crime

Once the prosecutor proves their case beyond a reasonable doubt, the judge (or jury) will determine the defendant’s sentence. Accomplices, sometimes referred to as co-conspirators, are often subject to the same legal consequences as the principal perpetrator.

How Prosecutors Prove Someone Was an Accessory

To prove that someone was an accessory to a crime, the state must demonstrate the following:

• The individual knew the principals had committed a crime
• They took actions to help them avoid arrest, trial, and punishment
• The defendant did not actually participate in the commission of the crime

When determining guilt, the courts look at the alleged accessory’s intent. If the prosecutor cannot prove that the defendant knew they were helping the principal carry out a crime, they will not secure a conviction.

Criminal Penalties for Accomplices and Accessories

Penalties for being an accessory or accomplice to a crime vary by state law and the nature and severity of the offense. They also depend on your level of involvement in the commission of the crime.

In most instances, the criminal legal system treats accomplices the same way it treats principals. The penalties for committing a felony are often the same for accomplices.

As an example, let’s look at the penalties someone might face for being involved with a robbery in California. Under California Penal Code Section 211, robbery is a felony charge with the following penalties:

• First-degree robbery: Three, four, or six years in state prison
• Second-degree robbery: Two, three, or five years in state prison

If you actively participated in planning or carrying out the robbery, you would be charged as an accomplice (or principal) and face these same penalties.

However, let’s say you helped the robbers after the crime was committed by hiding stolen property or helping them evade police. You would face charges as an accessory after the fact under California Penal Code Section 32. The penalties for being an accessory are significantly less severe:

• If the underlying crime was a felony: Up to one year in county jail, or 16 months, two years, or three years in state prison
• If the underlying crime was a misdemeanor: Up to one year in county jail

This example demonstrates how accomplices face the full weight of the underlying criminal charge, while accessories face reduced, but still serious, penalties for their role in helping perpetrators avoid justice.

Contact a Criminal Defense Attorney To Discuss Your Defense Strategy

If you’re facing criminal charges, whether as a principal perpetrator, accessory, or accomplice, consider consulting a skilled criminal defense lawyer. Things move quickly after your arrest, and you’ll want a seasoned attorney to help you craft a strong legal defense.

Most jurisdictions treat aiders and abettors, as well as accomplices, almost as harshly as the principal to a crime. Even if the state convicts you of a misdemeanor, it will still appear on your criminal record and significantly impact your personal and professional lives. Given how a conviction can follow you for the rest of your life, having an experienced criminal defense attorney skilled in the legal issues you’re facing can help you achieve the best possible outcome.