"margin-top:10px;padding:0px 15px;border:0px;color:#676767;line-height:20px;clear:left;font-family:'Lucida Sans Unicode', 'Lucida Grande', 'MS Sans Serif', Geneva, sans-serif;">
Generally speaking, if a person assists another person or persons
in a criminal act, he or she can be charged with aiding and
abetting or accessory. Under different state laws, aiding and
abetting and accessory vary greatly regarding their definition.
Depending on the action of the crime, the participation could
elevate to a conspiracy crime.
"margin-top:10px;padding:0px 15px;border:0px;color:#676767;line-height:20px;clear:left;font-family:'Lucida Sans Unicode', 'Lucida Grande', 'MS Sans Serif', Geneva, sans-serif;">
In criminal law, it is necessary to distinguish between the
accessory and the principal. The principal is the person who is
responsible for a particular crime. Under most legal jurisdictions,
the person or persons charged with aiding and abetting or accessory
are not directly involved with the crime that is committed. They
are usually not present when the crime occurred. If two or more
people are directly responsible, they can be charged as joint
principals. The test used in order to distinguish a principal from
an accessory is whether the defendant independently contributed to
the causing of the crime, rather than merely giving generalized
and/or limited help and encouragement.
"margin-top:10px;padding:0px 15px;border:0px;color:#676767;line-height:20px;clear:left;font-family:'Lucida Sans Unicode', 'Lucida Grande', 'MS Sans Serif', Geneva, sans-serif;">
There are three elements to most aiding and abetting charges
against an individual. The first is that another person committed
the crime. Second, the individual being charged had knowledge of
the crime or the principals' intent. Third, the individual provided
some form of assistance to the principal. An accessory in legal
terms is typically defined as a person who assists in the
commission of a crime committed by another or others. In most
cases, a person charged with aiding and abetting or accessory has
knowledge of the crime either before or after its occurrence. A
person who is aware of a crime before it occurs, and who gives some
form of aid to those committing the crime, is known in legal terms
as an "accessory before the fact." He or she may assist through
advice, actions, or monetary support. A person who is unaware of
the crime before it takes place, but who helps in the aftermath of
the crime, is referred to as an "accessory after the fact."
"margin-top:10px;padding:0px 15px;border:0px;color:#676767;line-height:20px;clear:left;font-family:'Lucida Sans Unicode', 'Lucida Grande', 'MS Sans Serif', Geneva, sans-serif;">
To be convicted as an accessory to a crime, the person must possess
an awareness of the crime, either before or after its commission.
Helping a person after they have committed the crime, without
knowledge of the crime having taken place, may be excused in most
cases. For example, a person who lets a criminal stay in their home
for a period of time after they have committed a crime, but who is
not aware of the crime, may not be charged as an accessory.
"margin-top:10px;padding:0px 15px;border:0px;color:#676767;line-height:20px;clear:left;font-family:'Lucida Sans Unicode', 'Lucida Grande', 'MS Sans Serif', Geneva, sans-serif;">
Punishments for accessories vary in different jurisdictions.
Sometimes accessories have had lesser punishments than principals.
Other times, accessories are considered to be principals. Common
law traditionally considers an accessory just as guilty as the
principal in a crime, and therefore subject to the same
penalties.
"margin-top:10px;padding:0px 15px;border:0px;color:#676767;line-height:20px;clear:left;font-family:'Lucida Sans Unicode', 'Lucida Grande', 'MS Sans Serif', Geneva, sans-serif;">
In some situations, a charge of conspiracy can be made even if the
primary offense was never committed, so long as the plan has been
made, and at least one person acts towards the crime. A conspirator
must have been a party to planning the crime, rather than merely
becoming aware of the plan to commit it and then helping in some
way.
"margin-top:10px;padding:0px 15px;border:0px;color:#676767;line-height:20px;clear:left;font-family:'Lucida Sans Unicode', 'Lucida Grande', 'MS Sans Serif', Geneva, sans-serif;">
An accomplice is considered completely different from an accessory
in legal terms. An accomplice is present when the actual crime
occurs, whereas the accessory or abettor can simply provide
assistance beforehand or afterwards. The sentences given to
accomplices in capital crimes cases have been debated for years. In
the 1982 Supreme Court ruling on Enmund v. Florida, it was ruled
that an accomplice may not receive the death penalty for a capital
crime that was committed by another person.
"margin-top:10px;padding:0px 15px;border:0px;color:#676767;line-height:20px;clear:left;font-family:'Lucida Sans Unicode', 'Lucida Grande', 'MS Sans Serif', Geneva, sans-serif;">
Regardless of your guilt or innocence, if you have been accused of
aiding and abetting, or of being an accessory to, a crime, you
should consult with a criminal attorney. You can locate a criminal
attorney by visiting the website of the American Bar Association,
which provides a free directly of attorneys.
Copyright © 2026 eLLeNow.com All Rights Reserved.
