Pennsylvania’s use of accomplice liability in criminal law can lead to unexpected and serious charges for an alleged accomplice that threaten much harsher consequences than they thought were possible.
Accomplice liability enables prosecutors to charge accomplices with the same offenses as principal actors. There aren’t separate charges or consequences for accomplice liability, meaning you could face the same sentence as the principal actor if convicted. An accomplice is not the same thing as a coconspirator in Pennsylvania, and the latter can bring additional charges on top of the main offense.
Get a free, confidential case evaluation by calling the Philadelphia criminal defense lawyers of Kenny, Burns & McGill at (215) 774-5644.
What is Accomplice Liability in Pennsylvania?
Even if you did not personally commit a specific crime yourself, you could face consequences in Pennsylvania because of accomplice liability, depending on your contribution to the offense.
Accomplice liability is a legal doctrine that lets prosecutors hold an accomplice equally accountable for a criminal offense committed by another person. For example, an accomplice to murder would face murder charges, even if they do not commit the murder themselves.
In Pennsylvania, intentionally aiding in an offense, agreeing to aid in an offense, or soliciting another person to commit an offense makes someone an accomplice to a crime and makes them subject to the same charges and consequences as the principal actor.
What’s Required to Prove Accomplice Liability in Pennsylvania?
Prosecutors must prove certain elements to obtain convictions based on accomplice liability, and our lawyers can work to undermine those efforts.
Criminal Intent
The prosecution must prove intent when charging a defendant based on accomplice liability. You cannot be classified as an accomplice if you lacked intent, and our Montgomery County, PA criminal defense lawyers may prove that you lacked intent using text messages, witness statements, and other evidence that creates reasonable doubt as to your intent.
Affirmative Act
The prosecution must also prove that a defendant took a voluntary, affirmative action to help or encourage the principal actor to commit the crime. Physical and psychological actions can be considered acts of assistance for accomplice liability. Even if an act of assistance is minimal, it can still result in charges for the accomplice if it contributed to the commission of the crime.
What if You Face Charges Because of Accomplice Liability in Pennsylvania?
Facing charges on the basis of accomplice liability can come as a shock, especially if your charges are the exact same as those faced by the principal actor. Instead of panicking, get guidance and support from a trusted criminal defense attorney immediately.
Don’t Explain Yourself to the Police
If you are arrested or charged as an accomplice to the commission of a criminal offense, don’t try to explain yourself to the police or prosecutors. While law enforcement may lack important context and information that would lead to the charges being dropped, you should let our lawyers present that information on your behalf. Invoke your right to remain silent and your right to an attorney immediately for your own protection.
Understand the Severity of the Charges
Many defendants charged as alleged accomplices to crimes are surprised to learn that they face the same serious charges as the principal actor. There is no lesser offense for being an accomplice to a crime, and even minimal involvement can lead to serious felony charges and potentially decades in prison.
Prepare Your Defense
Defendants facing charges based on accomplice liability may overcome those charges by arguing that they lacked intent and that their actions were accidental or coerced, or by demonstrating that they effectively withdrew from the situation and attempted to stop the crime.
Is There a Separate Charge for Accomplice Liability in Pennsylvania?
There are no separate charges for accomplice liability in Pennsylvania; an accomplice may be charged with the same offense as the principal actor for the commission of the crime.
However, if you agreed to participate in a crime with another person, you might both be charged with an additional crime for conspiracy.
Are There Separate Consequences for Accomplice Liability in Pennsylvania?
Because there are no separate charges for accomplice liability, there are also no different potential consequences upon conviction for accomplices and principal actors, unless previous criminal convictions mandate a longer sentence.
What is the Difference Between an Accomplice and a Coconspirator in Pennsylvania?
A coconspirator is someone who agrees to plan or commit a criminal offense, shares criminal intent with other actors, and has taken an overt act towards the commission of the crime. Unlike an accomplice, a coconspirator can face additional criminal charges alongside the underlying charges for the main offense.
Can Accomplice Liability Affect You as an Accessory After the Fact?
Accomplice liability does not affect you as an accessory after the fact, which in Pennsylvania criminal law is known as hindering apprehension or prosecution.
That is a third-degree felony if the underlying offense is a first- or second-degree felony and a second-degree misdemeanor if the underlying offense is any lesser charge.
Does the Principal Actor Need to Be Convicted for You to Be Charged for Accomplice Liability?
In Pennsylvania, the principal actor does not need to be convicted of an offense for an accomplice to be convicted based on the rules for accomplice liability. Do not assume that a lack of arrest or conviction of the principal actor protects you from prosecution.
How Can You Avoid Criminal Charges Based on Accomplice Liability?
You can renounce your involvement in an offense and potentially avoid charges because of accomplice liability by taking steps to render your assistance ineffective so that it does not contribute to the commission of the crime, clearly communicating your renunciation of the offense to the principal actor, and notifying the police to prevent the crime from taking place.
Call Us for Help with Your Criminal Defense in Pennsylvania
Get help with your case when you call the Delaware County, PA criminal defense lawyers of Kenny, Burns & McGill now at (215) 774-5644.
