{"id":352217,"date":"2023-08-22T08:54:41","date_gmt":"2023-08-22T13:54:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-law-basics\/what-is-complicity-or-accomplice-liability.html"},"modified":"2023-08-22T08:54:41","modified_gmt":"2023-08-22T13:54:41","slug":"what-is-complicity-or-accomplice-liability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-law-basics\/what-is-complicity-or-accomplice-liability.html","title":{"rendered":"What Is Complicity or Accomplice Liability?"},"content":{"rendered":"\n
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What Is Complicity or Accomplice Liability?<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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In criminal law, complicity is the act of helping or encouraging another person to commit a crime. An accomplice faces the same criminal liability as the individual who committed the crime.<\/p>\n\n <\/div>\n\n

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

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<\/a> to represent you in the case.<\/p>\n

Do Accomplices Face the Same Penalties?<\/h2>\n

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. <\/p>\n

For example, say the underlying charge is a misdemeanor. The accomplice, along with the primary perpetrator, will face misdemeanor charges.  <\/p>\n

Elements of Accomplice Liability<\/h2>\n

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

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.<\/p>\n

In general, a prosecutor must prove the following three elements to convict someone of being an accomplice or an aider and abettor:<\/p>\n