What Is Complicity or Accomplice Liability?

Common law refers to this as aiding and abetting. One who is complicit in committing criminal conduct is an accomplice. Although an accomplice does not actually commit the crime, their actions help someone in the commission of the crime.

Accusations of helping someone commit a crime can be as serious as the crime itself. That's why your defense strategy is worth serious consideration if you're charged as an accomplice. You can get a criminal defense lawyer to represent you in the case.

Do Accomplices Face the Same Penalties?

The penalties for aiding and abetting depend on the underlying crime. An accomplice cannot be charged with a more serious crime than the primary perpetrator. 

For example, say the underlying charge is a misdemeanor. The accomplice, along with the primary perpetrator, will face misdemeanor charges.  

Elements of Accomplice Liability

To charge someone as an accomplice, the prosecutor must prove the individual had actus reus and mens rea. This means that the accomplice had criminal intent and voluntarily encouraged or assisted the offense.

The bar for proving an accomplice charge is very low. In some cases, a person is an accomplice if they had a legal duty to act but did not attempt to prevent the commission of an offense.

In general, a prosecutor must prove the following three elements to convict someone of being an accomplice or an aider and abettor:

• Another individual committed the crime
• The defendant "aided, counseled, commanded, or encouraged" the other person in the commission of the crime
• The defendant acted with the requisite mental state in their jurisdiction

Examples of Complicity With a Criminal Offense

The following examples illustrate how an individual may be an accomplice to a criminal act:

• Serving as the getaway driver in a bank robbery
• Turning off the alarm system of a jewelry store, knowing that it will be robbed later that evening
• Loaning a handgun to someone who they know is planning to commit a crime
• Directing a vehicle to a dead-end street where they know an armed carjacker is waiting

An individual can stop their complicity during the commission of a crime. They can do this in two ways. First, they could give a timely warning to law enforcement that a crime is about to be committed. Or, they could make a good-faith effort to prevent the commission of the crime.

The Difference Between Complicity and Conspiracy

Each state's criminal charges will vary. But typically, if an individual takes an active role in the planning of a crime, they will be charged with conspiracy.

A conspirator agrees with others to commit a future crime, while an accomplice assists, in some way, in the actual commission of a crime. Furthermore, conspirators can be guilty even if the underlying crime is not committed.

For example, a group of friends plans to commit a robbery. They take an overt action to accomplish their plan (e.g., purchasing guns). They could each be charged with the crime of conspiracy to commit robbery. This is so even if the robbery never happens. However, imagine the friends carry out the planned robbery. They would face both conspiracy and robbery charges. They may be charged as principals or accomplices, depending on their role in the robbery.

In the Supreme Court case Pinkerton vs. United States, the Court held that a co-conspirator is liable for any crime committed by the other co-conspirators if (1) the crime falls within the scope of the conspiracy; and (2) the crime was a foreseeable consequence of the conspiracy.

Get Legal Help From an Experienced Criminal Lawyer

Being accused of accomplice liability is a serious matter. Whether the government is charging you with being the criminal mastermind or driving the getaway car, you should seek legal advice before making any decisions about your case. Speak with a skilled criminal defense attorney in your area to determine your rights and make a legal plan.