An Accomplice Needs a Criminal Defense Attorney in Wichita KS

by | Jul 17, 2015 | Law Services

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In cases of accomplice liability, charges arise when one person helps another person commit a crime intentionally. Even though an accomplice only offers support and does not carry the crime out, they are just as guilty as the principal and they need the help of a Criminal Defense Attorney in Wichita KS.

Accomplices: The Elements Of A Case

For criminal liability to be assigned, a prosecutor must prove that the person acted with intent. In an accomplice liability case, courts can find defendants guilty for crimes that others commit. The accomplice must know that they’re helping the principal commit a crime, and most states require that the accomplice must help or counsel the principal in the crime’s commission.

The Scope Of Liability

An accomplice can be found guilty of the crime in question, and they can be found liable for other crimes that were foreseeable as the target crime was committed. Many facts can meet the standard of accomplice liability. For instance, someone can be an accomplice if they drive a getaway car, or if they lent weapons, tools, money or other things necessary to commit the target crime. Accomplices need not be present at the time of a crime; they can provide assistance before, during or after the act.

Withdrawing Support

In some areas, accomplices can avoid culpability if they withdraw their support before the commission of a crime. If the accomplice only provided encouragement, they may be able to cancel their liability if they stop encouraging the principal. However, if an accomplice provides greater aid, he or she may need to take additional steps to neutralize liability, such as hiring Rocky Wiechman Law.

Accomplice Liability And Conspiracy

These two crimes are separate and different. A conspiracy occurs when people actively plan to commit a crime, and a conspirator helps to commit the act itself. Accomplices help commit crimes, but they do not commit the acts in question. Accomplices can be found guilty only if a crime is committed, but conspirators can be found guilty even if no crime occurs.

Being guilty of conspiracy charges requires overt acts toward a crime’s commission, and the level of overt action is determined by state law. However, a Criminal Defense Attorney in Wichita KS would tell a client that the act is usually defined as one that moves a crime closer to commission above and beyond thoughts of criminal behavior.