Saturday, March 9, 2024

Accomplice Liability

 


In a commission of a crime or crimes, an individual is an accomplice (aiding and abetting in complicity), if he or she has a legal duty to act, but did not stop or attempt to stop the crime.





“In criminal law, complicity is the act of helping, encouraging, or soliciting another individual to commit a crime. 


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.


Accomplice liability means an accomplice faces the same criminal liability and culpability as the individual who committed the crime. 


The penalties for aiding and abetting depend on the underlying crime. 


For example, if the underlying charge is a misdemeanor, the accomplice, along with the primary perpetrator, will be charged with a misdemeanor.


In some cases, an individual is an accomplice if they had a legal duty to act but did not attempt to prevent the commission of an offense.”*





*Article by By Olivia Wathne, Esq., https://www.findlaw.com/

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