Even if you do not commit a crime yourself, aiding or assisting in its commission could lead to serious consequences for you, including criminal charges.
Not only can you face charges for aiding or assisting a crime you didn’t commit, but you can face the same exact charges as the individual who did commit the offense. You can be charged for soliciting a crime, aiding a crime, or failing to stop a crime you had knowledge of. You can also face additional charges for engaging in criminal conspiracy or being an accessory after the fact, and our lawyers can also help you if you are dealing with these kinds of charges in New Jersey.
Get your free case analysis from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
When Can You Be Charged for Aiding or Assisting in a Crime You Didn’t Commit in New Jersey?
Aiding or assisting in a crime can be considered just as serious as committing the offense yourself, and you may need to know what can happen if you find yourself in this situation.
Soliciting a Crime
Even if someone else actually committed the offense, a defendant can be charged with the same offense if they solicited the person to commit it. Solicitation can include directly asking, hiring, or encouraging someone to commit a particular crime.
In New Jersey, there is no distinction between committing a crime and soliciting it.
Aiding a Crime
You can also be charged with a crime you did not directly commit but were an accomplice to. You are considered an accomplice if you, with the purpose of assisting in the commission of the offense, solicit someone to commit it or help or agree to help with the planning or commission of the crime.
Aiding in a crime can include providing weapons or information, offering encouragement or advice, and providing transportation.
Failing to Stop a Crime
Individuals who have a legal duty to stop a crime before it occurs by reporting it to law enforcement and fail to do so can also be charged the same as the primary actor in the offense.
How Can You Be Charged for Aiding or Assisting in a Crime You Didn’t Commit?
You can be charged severely for aiding or assisting in a crime you did not commit yourself, so do not think being an accomplice and not the primary actor in an offense protects you from harsh consequences.
Same Charges as Primary Actor
Individuals who meet New Jersey’s definition of an accomplice in criminal law can face the same exact charges as the primary actor in a case.
For example, suppose you are arrested as an alleged accomplice in a robbery. The prosecution could charge you with the same first-degree robbery charge as the primary actor if you were an accomplice, even if you were not present during the commission of the robbery and did not commit it yourself.
Additional Conspiracy Charges
Defendants who aid or assist in a crime but do not commit it themselves may also face criminal conspiracy charges in New Jersey. Conspiracy charges arise from a mutual agreement between parties to commit or help commit a criminal act.
The severity of the conspiracy charge depends on the severity of the underlying charge. For example, conspiracy to commit murder would be charged as a first-degree crime, as murder is also a first-degree crime in New Jersey.
Additional Accessory After the Fact Charges
You could also face charges for aiding or assisting another person after they have committed a crime. Hindering apprehension or prosecution is typically charged as a second-degree crime, and includes harboring or hiding an offender, providing money, transportation, or weapons, destroying or concealing evidence, and warning the offender about law enforcement’s investigation.
How Can You Defend Yourself Against Charges for Aiding or Assisting in a Crime You Didn’t Commit?
The more our attorneys know about your involvement in an alleged offense, the better we can defend you against the charges you might face as an accomplice.
Duress or Coercion
If you are also a victim of the offense or were coerced into aiding or assisting a crime, you shouldn’t face criminal charges for your forced involvement. Even if the prosecution does file charges against you, our Atlantic City, NJ criminal defense lawyers can explain how you were coerced, forced, or threatened into participating in certain conduct, and how you would not have done so otherwise.
Lack of Knowledge
Lack of knowledge of a plan to commit a crime is a common defense that protects defendants from the consequences of accomplice liability. Tell our attorneys if you truly had no knowledge that a crime was about to take place when you provided the help or assistance you did.
No Intent
Our lawyers may also argue that you lacked intent when offering the assistance or help that you did, both to help in the commission of the crime and for it to succeed. If the prosecution does not prove intent, the defendant should not be convicted.
No Active Assistance
Simply being present when a crime occurs does not make you an accomplice. Our lawyers can emphasize the prosecution’s lack of evidence proving that you were involved in the planning or commission of the crime, only that you happened to be physically present at the specific location where the crime occurred.
Effective Withdrawal Before Commission of Offense
If, before the crime occurs, you effectively withdrawal from your involvement as an accomplice and take steps to inform law enforcement to try to stop the crime from being committed, you should not be convicted as an accomplice in New Jersey.
We Can Help if You Are Charged for Aiding or Assiting in a Crime You Did Not Commit
Call the Cape May, NJ criminal defense lawyers of the Law Offices of John J. Zarych at (609) 616-4956 for a free case assessment today.
