Being charged as an accomplice to a crime can lead to serious consequences, even if you didn’t directly commit the crime.
Some criminal activities involve more than one person, and in some cases, each person is involved at a different level. After an arrest, everyone involved may face charges but to a different degree dependent on their role. The legal term used to describe an individual that is involved in the crime is an accomplice.
An accomplice is someone who helps or encourages another in the commission of a crime. While the definition sounds similar to the definition of solicitation, the difference lies in the fact that with solicitation, the subject of solicitation declines. There are many nuances to be aware of when it comes to accomplice charges, which a legal professional best navigates. Seek the aid of Minnesota criminal defense lawyer Omeed Berenjian for a successful outcome of your case.
Principal In the First-Degree
If you are party to a crime in Minnesota, you could face criminal charges as principal in the first and second degree or an accessory before or after the fact.
The term principal under criminal law refers to a person centrally involved in a crime and faces the severest criminal penalties for the crime in question upon conviction. A principal in the first degree is the person who commits the actual crime, with every crime having at least one first-degree principal.
For example, if Jack and Jill plan to assault Mark but only Jack does the actual assault, Jack will become the first-degree principal.
Principal In the Second-Degree
Principal in the second degree refers to a party to a crime who doesn’t actively participate but was present when the first-degree principal committed. If, in the example cited earlier, Jill is looking on as Jack assaults Mark, she becomes a principal in the second degree.
Being present is not limited to watching as the crime happens. You will be charged with the crime if you are present at the scene as a lookout based on the principle of being present constructively. Also, being anywhere around the scene during the commission of the crime makes you a principal in the second degree.
Accessory Before and After the Fact
Being an accomplice doesn’t always mean you are directly involved in the commission of the crime. In some cases, you could be privy to its aid and abet to it in some extent. Also, while an accessory may be privy to the commission of the offense, they may not share the same level of intent with the persons that are directly involved in the planning and execution of the crime, therefore they attract lesser criminal penalties after conviction.
For example, John could come up with the idea of assaulting Mark but shares the idea with Jack, who feels it’s an excellent one and goes ahead to assault him. In this case, John would become an accessory before the fact.
An accessory after the facts doesn’t play any role in the commission of but assists the principles after they have committed the crime. For example, if Jack, after assaulting Mark, hides in his mother’s house and the mother helps hide him from the police, she can be charged as an accomplice.
Get Legal Help
Being an accomplice to a crime can carry pretty severe criminal penalties. So, if you have been mentioned in a criminal investigation or if you suspect that your role, even when it involves sharing information, could get you in trouble, it is wise to talk to a criminal defense lawyer for help navigating your situation and avoid mistakes that could get you in trouble.
Conclusion
Being charged as an accomplice to a crime can lead to serious consequences, even if you didn’t directly commit the crime. Understanding the various roles, such as principal in the first or second degree or accessory before or after the fact, is crucial. Seeking legal representation early is essential to protect your rights and navigate the complexities of your case effectively.
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