It’s a common belief that criminal charges only apply to the individual who commits a crime. Suppose someone else carried out the act. In that case, many people figure they won’t be arrested or charged with a crime themselves. However, criminal laws are rarely that cut-and-dry. In many instances, the answer to the question “Can you be charged for a crime you didn’t personally commit?” is yes.
Certain situations allow prosecutors to file criminal charges against someone who never technically committed the offense. Instead, prosecutors may argue a person helped plan the activity, assisted in some way, encouraged the crime, or knowingly participated. There have also been countless cases where individuals are horrified to discover the police are investigating them, or they’re being charged based on illegal activity they thought was minor or didn’t involve them.
Learning how and why these laws apply is extremely important. Many unknowingly put themselves in vulnerable legal positions without realizing what they could be accused of.
Your Responsibility for a Crime Doesn’t Always Require Action
Just because you never actually commit a crime doesn’t mean prosecutors can’t file charges against you. Criminal laws allow prosecutors to hold you accountable if they believe you participated in some way, even if you don’t personally carry out the illegal act.
In some cases, you might be accused of assisting someone in committing a crime. Providing transportation, sharing information, supplying equipment, or helping plan illegal activity could all result in criminal charges.
Prosecutors can also argue that you somehow encouraged or assisted in the crime, despite not being there when it happened.
It’s a common theme with the law that everyone involved in or participating in a crime can be held just as responsible as the person who ultimately commits the illegal act.
This becomes even more complex in situations where there are multiple people or group activity. Prosecutors may charge several individuals if they believe everyone worked in concert to complete a task or further a criminal agenda.
Defining an Accomplice to a Crime
An accomplice is someone who may have helped another person commit a crime. A common term seen throughout criminal cases involving multiple defendants.
Keep in mind that simply being with someone during the commission of a crime does not automatically make you their accomplice. Prosecutors would still need to prove you intentionally assisted or participated in some way.
Accomplice liability can vary greatly from case to case. Someone may be accused of being a lookout during a crime. They might have driven someone to and from the location. Or perhaps prosecutors believe you supplied someone with drugs or weapons.
There are many reasons why someone might face accomplice charges or be considered an accomplice to a crime.
Avoiding Criminal Charges Isn’t as Simple as “I Didn’t Do Anything”
So you haven’t committed a crime. Does that mean you will never be investigated or charged based on something you “didn’t do?”
Unfortunately, not. Just because you’re not guilty of a particular offense doesn’t mean investigators will only focus on the individual who broke the law.
If you were present when a crime occurred or participated in events leading up to a crime, there’s a chance you could be investigated and/or charged along with others.
Take a group of people who hang out together, for example. If one of the members ends up robbing or assaulting someone, the rest of the group may not be immediately exonerated. Prosecutors will want to know if anyone else knew about the crime beforehand or assisted in any way.
But simply being present when a crime occurs does not automatically make you criminally liable. Prosecutors must prove you somehow participated, encouraged the person, or intentionally assisted.
Every situation is different, which is why obtaining legal representation as soon as possible can be so valuable.
Assisting Someone Else After the Fact
It’s also possible to face criminal charges after the crime happens. This is commonly known as being an accessory after the fact.
Some examples include hiding evidence, lying to the police, helping someone avoid arrest, or assisting the main suspect after the crime.
You may make decisions out of anger or emotion when wanting to protect a friend, partner, or family member. Regardless of your intentions, unknowingly subject yourself to criminal charges down the line.
Your actions may be completely innocent at the time, but used against you during an investigation.
Social Media Can Increase Your Involvement
Social media and digital evidence have become crucial components of almost any criminal investigation. Text messages, social media posts, phone records, and other digital communications can all be used against you.
Did you unknowingly submit evidence by texting your friend about what happened? Did you make a post on social media that could be used to suggest you were involved? Or perhaps you and others were discussing the crime in a group chat.
Just because you don’t believe your social media posts, comments, or messages will be held against you doesn’t mean prosecutors won’t try.
One of the reasons it’s important to speak with a lawyer before discussing your case is to protect your rights. You don’t know who investigators will talk to or how they plan to build their case. Always think carefully about what you post on social media too.
People often underestimate how investigations are carried out these days. More times than not, investigators will pull text messages or social media information not only to find evidence you committed a crime, but to further prove who else was involved.
Too Many People Are Charged with Conspiracy
When two or more people decide to commit a crime together, prosecutors can charge you with conspiracy. Conspiracy charges are another complicated area of criminal law because they can apply to nearly any crime.
One major detail people often overlook is that you don’t have to actually complete the crime to be charged with conspiracy. Just by agreeing to commit a crime with one or more people, you could face serious felony charges.
Remember, prosecutors can use text messages, calls, conversations, and more to prove you planned on committing a crime.
Speak with a Lawyer Immediately if You’re Involved
Cases involving accomplice liability, accessory charges, or conspiracy are often more complex than traditional crimes. Police may try questioning you in hopes of you confessing, explaining your relationship with the defendant, or elaborating on the events that took place.
One of the biggest mistakes people make when speaking with law enforcement is thinking they can explain their side of the story. Most people believe they can “clear things up” by talking to police. But did you know anything you say can and will be used against you?
You do not have to talk to the police, but you do have to appear if they want to take your statement. Let your lawyer speak on your behalf and protect your rights before you make a decision that could haunt you for years to come.
Every situation is unique. Just because your friend or loved one was arrested for a crime doesn’t necessarily mean you will be too. Talk to a lawyer about your options and have someone protect your rights.
Facing Criminal Charges?
It’s natural to feel overwhelmed when you hear someone can be charged for a crime they didn’t commit. Don’t worry, we understand, and that’s why we’re here to help.
Accomplice liability, conspiracy charges, and accessories to crimes are all very real, and unfortunately, occur more often than you might think. An experienced criminal defense attorney can explain everything in detail and help you understand your options.
The bottom line is prosecutors must still prove you broke the law. Just because you have been accused or investigated doesn’t automatically mean you will be convicted of a crime.
But you should still take any accusation seriously and contact the Capetillo Law Firm as soon as possible.
