| A defendant in an action may be charged as a principal offender of the underlying offense or an accessory to the underlying offense. Depending upon the defendant's actions and role in the offense, the prosecution will decide to charge the defendant as a principal or an accessory.
Types of Accessories
There are several types of accessories. The types include:
- Accessory before the fact.
- Accessory after the fact.
- Aiding and abetting.
Accessory Before and After the Fact
If one is charged as an accessory before the fact that means that the defendant assisted, counseled, or incited the principal offender prior to the principal offender's commission of an offense. The accessory was not present at the time the offense occurred. The accessory may be liable for the principal offense if the accessory intended to aid or encourage the offense. Many jurisdictions have abolished distinctions between an accessory before the fact and a principal offender.
If one is charged as an accessory after the fact that means that the defendant assisted, counseled, or incited the principal offender after the principal offender's commission of the offense. The accessory in this instance may be liable for a separate or less serious offense.
Aiding and Abetting
An accessory can be charged with aiding and abetting a principal offender. The accessory is charged with this offense when they aid or assist in any way in the actual commission of the offense. They are liable for the principal offense and any other foreseeable offenses. Aiding and abetting in an offense must be more than standing around and doing nothing when the offense is committed.
Principal Offender
The principal offender is the individual who actually plans, commits, and carries out an offense. The principal offender is liable for the offense committed.
For example: Amy is planning to break into a jewelry store. She asks Sarah to obtain the plans for the jewelry store. Although Amy thought up the idea, she seeks and obtains Jane's assistance in committing the burglary. After the burglary, Amy hides the jewelry at Carole's house. In the above example, Amy is the principal offender, Sarah is the accessory before the fact, Jane is the aider and abettor, and Carole is the accessory after the fact.
Other Pertinent Information
- An accomplice is responsible for the crimes that they committed and any other offenses committed during the course of the commission of the underlying offense.
- An accomplice may withdraw from participation, however the withdrawal must occur prior to the commission of the offense or before the offense becomes unstoppable.
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