So what if you give your friend a little help after they commit a crime. Better think twice before you do that. Helping a person after they have committed a crime may make you an accomplice.

Elements of Being an Accomplice

For criminal culpability, the prosecution has to prove that the person acted a particular crime and that he or she did so with the intent stated in the relevant statute. For example, the crime statute may state that the defendant had to “knowingly,” “willfully” or “deliberately” commit some act.

In accomplice liability cases, the court can find a criminal defendant guilty for acts that someone else actually commits. In order for the prosecution to successfully meet its burden to find a defendant guilty of accomplice liability, it must prove that the accomplice had the intent to help with the crime being committed. This means that the accomplice has to know that the principal is planning to commit a crime and that the accomplice intends to help the principal succeed in the commission of the crime. Additionally, state law usually requires that the accomplice aided, counseled, encouraged or assisted with the commission of the crime.

Scope of Liability

The accomplice can be found guilty of the actual crime that was planned and committed. Additionally, he or she can be found guilty of other crimes, as long as they were foreseeable as being committed during the target crime.

Examples of Accomplice Liability

There are many fact patterns that can rise to the level of accomplice liability. For example, someone may be an accomplice if they are the get-away driver or the lookout for law enforcement. Additionally, a person can be an accomplice if he or she lends tools, weapons, money or other instruments necessary to commit the crime in question. An accomplice does not need to be present at the scene of the crime to be found guilty of the crime. An accomplice can be found to have provided aid before, during or after the crime.

Withdrawal of Support

In some jurisdictions, an accomplice can avoid criminal culpability if he or she withdraws support before the crime is completed. If the only aid that the accomplice provided was encouragement, he or she may be able to cancel accomplice liability by then discouraging the principal. If more aid is provided, the person may need to take greater action to neutralize further commission of the crime.

Some states require the accomplice to thwart the crime completely in order to avoid being found guilty as an accomplice. For example, the accomplice may be required to call law enforcement and have law enforcement stop the principal to avoid his or her own criminal responsibility.

Difference between Conspiracy and Accomplice Liability
Accomplice liability is different and separate from conspiracy. A conspiracy occurs when two or more people actively conspire to plan and commit a crime in the future. A co-conspirator actually helps to commit the crime while an accomplice assists in the commission of a crime but does not actually commit the crime itself.

An accomplice can only be found guilty if the crime was actually committed. However, a co-conspirator can be found guilty of conspiracy even if the underlying crime was not committed. For example, an accomplice to a robbery can be charged with robbery. If the crime was not committed, there is no accomplice liability. If there was a conspiracy to commit robbery, but it was thwarted, the co-conspirators can be charged with conspiracy. If the robbery was actually committed, they can be charged with conspiracy and robbery.

Being found guilty of conspiracy usually requires an overt act toward the commission of the crime. State law determines the level that makes a particular act an overt one. However, this act is usually one that moves along the commission of a crime and not just mere thoughts of criminal behavior.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Have you wondered about restraining orders? What they are and who can get them? Thanks to WikiHow.

In Florida, a restraining order is called an “injunction for protection.” It is issued by a civil court and commands the person named in the restraining order to refrain from doing something, usually contacting you or your children or coming within a specified distance of you (say 500 feet). Although the process for getting a restraining order may vary slightly depending on the county, the general procedure is the same.

Understand domestic violence restraining orders. You can get a domestic violence restraining order against a spouse, former spouse, or someone related by blood or marriage. The person must be living with you now or has in the past. You can also get one against the parent of your child, regardless of whether or not you were married or ever lived together.[1] Here are common examples of domestic violence:[2] •assault and aggravated assault
•battery and aggravated battery
•sexual assault and battery
•stalking and aggravated stalking
•kidnapping or false imprisonment
•any criminal offense resulting in physical injury or death of one family or household member by another family or household member

Identify the factors for determining “imminent danger” of harm. You can get a domestic violence restraining order even if abuse hasn’t happened yet. Instead, you can get a restraining order if you are in “imminent danger” of violence. The court will look at a variety of factors when determining “imminent danger”:[3] •the history between you and the abuser, including threats, stalking, physical abuse, and harassment
•if any attempt has been made to harm you or your family members
•if you have been threatened to have your children harmed or kidnapped
•if the abuser has intentionally injured or killed a family pet
•If the abuser has used or threatened to use any weapons against you
•if the abuser has restrained you from calling the police or leaving your home
•if the abuser has a criminal history involving violence or threats of violence
•if there is any prior order of protection entered against the abuser
•if the abuser has destroyed your personal property
•any other action that would lead you to reasonably believe that you are in immediate danger of domestic violence

Understanding the Requirements

Understand domestic violence restraining orders. You can get a domestic violence restraining order against a spouse, former spouse, or someone related by blood or marriage. The person must be living with you now or has in the past. You can also get one against the parent of your child, regardless of whether or not you were married or ever lived together.[1] Here are common examples of domestic violence:[2] •assault and aggravated assault
•battery and aggravated battery
•sexual assault and battery
•stalking and aggravated stalking
•kidnapping or false imprisonment
•any criminal offense resulting in physical injury or death of one family or household member by another family or household member

Identify the factors for determining “imminent danger” of harm. You can get a domestic violence restraining order even if abuse hasn’t happened yet. Instead, you can get a restraining order if you are in “imminent danger” of violence. The court will look at a variety of factors when determining “imminent danger”:[3] •the history between you and the abuser, including threats, stalking, physical abuse, and harassment
•if any attempt has been made to harm you or your family members
•if you have been threatened to have your children harmed or kidnapped
•if the abuser has intentionally injured or killed a family pet
•If the abuser has used or threatened to use any weapons against you
•if the abuser has restrained you from calling the police or leaving your home
•if the abuser has a criminal history involving violence or threats of violence
•if there is any prior order of protection entered against the abuser
•if the abuser has destroyed your personal property
•any other action that would lead you to reasonably believe that you are in immediate danger of domestic violence

Identify other restraining orders. If you do not qualify for a domestic violence restraining order, then you could get a different restraining order. There are four other kinds, depending on the kind of violence and your relationship to the abuser: stalking violence, repeat violence, sexual violence, and dating violence.[4] • Stalking violence: Someone purposely follows or harasses you repeatedly over a period of time for no legitimate purpose, which causes you emotional distress. If during the stalking the person threatens your life or to harm you, with the intent to cause you reasonable fear for your safety, then the stalking is aggravated.[5]
• Repeat violence: Two acts of violence or stalking on two separate occasions, one of which happened in the past six months. These injunctions are usually appropriate for disputes involving neighbors, coworkers, or other non-dating relationships.[6]
• Sexual violence: You have reported the incident to law enforcement and have been cooperating in criminal proceedings; or the abuser is about to be released from prison in the next 90 days and has been imprisoned for:[7] •sexual battery
•lewd or lascivious acts committed against someone under 16
•luring or enticing a child
•sexual performance by a child
•any felony where a sexual act was committed or attempted

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.