Parties to a Crime
All persons are guilty of a crime who:
- commit the act constituting the crime (“primary actors”); or
- participate in it (as “aiders and abettors” or accomplices) either before or during its commission; or
- use an “innocent agent” to commit it.
Accessory After the Fact
Assistance to the primary actor after the crime is complete does not create liability for the crime
Effect of acquittal on accomplice liability
Acquittal of one participant does not affect liability of others.
Aiding and Abetting Elements
Elements of liability as aider and abettor or accomplice:
- participation in the offense; and
- with the required intent.
Aiding and Abetting/Accomplice
Definition of participation
- encouraging; or
- assisting the primary actor.
- BUT: Mere presence at scene of commission of crime not enough
Aiding and Abetting/Accomplice
Elements of Required Intent
To have required intent, aider and abettor must both:
- know the primary actor is going to commit the offense; and
- intend (which means “want”) to encourage or assist him in doing so.
Look for evidence that D had motive for wanting primary actor to successfully commit crime.
Presence pursuant to an agreement to aid
sufficient to show participation
Effect of aider and abettor if the primary actor is acquitted
An aider and abettor can be convicted even if the primary actor is acquitted.
Effect of motive on accomplice liability
A person who:
- actually assists or encourages another in committing a crime,
- is most likely to have the intent to assist or encourage if:
- the evidence shows a motive to want the primary actor to successfully commit the crime.
Virginia Accomplice Liability Rule
In felony cases, every principal in the second degree and accessory before the fact may be indicted, tried, convicted, and punished in all respects as if a principal in the first degree (all treated as principals).
VA accomplice liability exception
- Only the actual murderer can get the death penalty.
- A principal in the second degree or accessory before the fact can get a maximum punishment of life unless:
- it is a case of murder for hire or an act of terrorism.
VA Accessory After the Fact
Accessory After the Fact is a Separate Crime
Virginia Accomplice Liability Conviction Requirement
- Not necessary for 1st degree principal to be convicted
- But it must be shown that the principal committed the crime before the accessory can be convicted.
VA Withdrawal Rule
- Accomplice can withdraw and escape criminal liabilty if he:
- withdraws all aid and encouragement
- As evidenced by acts or words showing disapproval and opposition to the contemplated crime
- before completion of the felony.
VA withdrawal prevention rule
- Withdrawal must be in due time, and
- Withdrawer must do everything possible to:
- detach himself from the criminal enterprise, and
- prevent consummation.
