Would you ever help someone plan or commit a crime? What if it is a close friend or family? Or your child? Or your abusive partner?
Sometimes, we find ourselves swept up in the events around us and end up being charged with a criminal act.
Timing is everything
Even though “accessory” and “accomplice” are often used interchangeably, they refer to different levels of involvement in a crime.
An accessory helps another person plan or prepare for a crime but is not present during the crime itself. That assistance can come in the form of providing information or tools with the full knowledge that a crime will be committed.
Someone who actively assists or participates in the crime is considered an accomplice. This could include acting as a lookout or getaway driver or encouraging the other person during the criminal act.
Both carry severe penalties, potentially equal to those of the actual offender. However, the prosecution must prove complicity beyond a reasonable doubt, and several defenses can negate the charges.
For example, it must be shown that the defendant had specific criminal intent. They were unaware that their actions were helping in the commission of a crime.
Unfortunately, many people assist in a crime due to coercion or duress. They are in fear for their lives or the lives of their loved ones. Currently, in the United States, over 100 people, primarily women, are serving time for helping their abusive partner commit a crime. Often, the person showed clear signs of abuse at the time of their arrest.
It’s crucial that the court has a thorough understanding of the specific circumstances that led to a person’s indirect involvement in a criminal act, especially in situations involving domestic violence. Sometimes, it’s a choice between surviving or becoming another victim.