How does an accessory differ from a principal

Accomplices commonly called aiders and abettors are more connected to the crime itself than accessories and are therefore usually subject to harsher penalties. The key difference between accessories and accomplices is that accessories are not present at the crime scene, while accomplices are present and usually have an integral part in the criminal act.

Even if the main principle goes to trial and is found not guilty, the accomplice could still be tried as a principal. Accessories are usually people who cover up the crime after it has been committed. The Common Purpose doctrine exists to clarify criminal roles in these situations. If someone helps with the planning of a bank robbery, for example, with the intention of contributing to a successful heist, then they are considered an accomplice.

If the authorities do not think they can prove an accomplice had prior knowledge of a crime, they will often seek to prosecute the defendant as an accessory.

Depending on the severity of the crime, Alabama criminal codes will have accomplices charged with anything from a Class A Felony to a simple criminal violation. Whatever charges you might be facing in connection to a crime, we aim to help you secure the best possible judgment. Call us now at to give yourself a fighting chance with an experienced and caring legal team.

John M. Totten, P. What Is an Accomplice? In treason all are principals, propter odium delicti [because of the degree of offense]; in trespass all are principals, because the law, quae de minimis non curat [does not recognize slight matters], does not descend to distinguish the different shades of guilt in petty misdemeanors. It is a maxim, that accessorius sequitur naturam sui principalis [an accessory follows the condition of his principal]: 10 and therefore an accessory cannot be guilty of a higher crime than his principal; being only punished, as a partaker of his guilt.

So that if a servant instigates a stranger to kill his master, this being murder in the stranger as principal, of course the servant is accessory only to the crime of murder; though, had he been present and assisting, he would have been guilty as principal of petty treason, and the stranger of murder. As to the second point, who may be an accessory before the fact; Sir Matthew Hale 12 defines him to be one, who being absent at the time of the crime committed, does yet procure, counsel, or command another to commit a crime.

Herein absence is necessary to make him an accessory; for such procurance is necessary to make him an accessory; for if such procurer, or the like, be present, he is guilty of the crime as principal. If A then advises B to kill another, and B does it in the absence of A, now B is principal, and A is accessory in the murder. And this hold, even though the party killed be not in rerum natura [in the nature of things born ] at the time of the advice given.

As if A, the reputed father, advises B the mother of a bastard child, unborn, to strangle it when born, and she does so; A is accessory to this murder. It is likewise a rule; that he who in any wise commands or counsels another to commit an unlawful act, is accessory to all that ensues upon that unlawful act; but is not accessory to any act distinct from the other.

As if A commands B to beat C, and B beats him so that he dies; B is guilty of murder as principal, and A as accessory. AN accessory after the fact may be, where a person, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon. And, generally, any assistance whatever given to a felon, to hinder his being apprehended, tried, or suffering punishment, makes the assistor an accessory.

As furnishing him with a horse to escape his pursuers, money or victuals to support him, a house or other shelter to conceal him, or open force and violence to rescue or protect him. An aiding and abetting conviction doesn't require such proof. Conspiracy is a controversial crime, in part because conspirators can be guilty even if the crime they agree to commit never occurs.

As a result, conspirators can be punished for their illegal plans rather than for what they actually do. As some protection against convicting people purely for their private thoughts, in most states conspirators are not guilty of the crime of conspiracy unless at least one of them does something called an " overt act " to help move the plan forward.

The overt act doesn't have to be illegal. For instance, imagine that Lars and Hal enter into an agreement to break into the warehouse and steal its contents.

Afterward, they meet at a coffee shop to plan exactly how to go through with the crime. Getting together for coffee isn't illegal, but the meeting could be considered an overt act because the two men had previously agreed to commit burglary.

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Meet the Editors. Accomplices, Accessories, Aiders, and Abettors. How criminals are defined--from accomplices to aiders and abettors to conspirators--depends on their participation in the crime. Principals and Accomplice As a general rule, state laws refer to the main actor in a crime as the "principal" and to assisting persons as "accomplices" or "aiders and abettors. Hal would be Lars's accomplice if he takes any of the following steps to assist Lars in the commission of the crime: Hal works in the warehouse and distracts the warehouse nightwatchman while Lars breaks in.

Hal parks outside the warehouse on the night of the robbery and drives Lars and the loot away from the scene after the burglary is complete. Hal convinces Lars to break into the warehouse and provides the tools to get inside the building. Accomplices and Accessories Like accomplices, accessories intentionally do something to help the principal commit a crime.

Conspirators Conspirators are two or more people who agree to commit a crime.