Understanding Criminal Accomplices and Co-Conspirators
April 2, 2025 | Nafiz M. Ahmed
Derivative liability is a criminal theory that applies when one person is charged with helping another person carry out a crime. Derivative liability can be complicated, especially when it comes to accomplices and co-conspirators. There is an important distinction between the two, and what charges they can face for their actions.
Co-Conspirator Definition
Under California law, a conspiracy is an agreement between two or more people to commit a crime. The people who agree to commit the crimes are called co-conspirators. To become a co-conspirator, a person must agree to the conspiracy, and at least one conspirator must commit an overt act to further the conspiracy. Generally, co-conspirators can be convicted of any crime that they commit in addition to the crimes of their co-conspirators. They can also be convicted of conspiracy, which is a separate crime.
An example of an overt act may be purchasing a gun to commit the agreed-upon crime or surveilling a house to burglarize later. It is not enough to simply talk about committing a crime without an overt action.
Accomplice Definition
An accomplice is different from a co-conspirator. While a co-conspirator generally helps to plan a crime as an equal partner, an accomplice helps another person carry out the crime. The person who commits the main crime is called the principal, and the person who assists is an accomplice. An accomplice is usually present at the crime scene or during the time that it is carried out. An accomplice could include a getaway driver, lookout, or someone who creates a distraction.
Defenses to Conspiracy Charges
A conspiracy can be difficult to prove. There are several common defenses to conspiracy charges.
No Agreement
There can be no conspiracy without an agreement. The co-conspirators don’t need to have a formal agreement, but there needs to be a mutual understanding that they are committing a crime. An agreement can be inferred from the co-conspirator’s behavior. If the prosecutors cannot prove an agreement existed, the defendant cannot be convicted of conspiracy.
For example, the defendant’s friend calls and asks for a ride. The defendant picks him up and later discovers the friend had just committed a robbery. The defendant is not a co-conspirator. That’s because there was no agreement between the two to commit a crime.
It is important to remember that co-conspirators don’t have to agree to commit certain crimes and not others. They may be responsible for any crime that is committed in furtherance of the conspiracy. If the conspiracy is to commit a robbery with a knife and a co-conspirator shows up with a gun and shoots the victim, the other co-conspirators are still responsible.
No Overt Act
If co-conspirators agree to commit a crime but there is no overt act, then there is no conspiracy. An overt act must be after the agreement and in furtherance of the conspiracy. The overt act doesn’t have to be criminal, and it can be taken by any co-conspirator, not just the defendant.
Withdrawal
Someone can withdraw from a conspiracy. This is a valid defense if the withdrawal occurs before the overt act. To withdraw, the co-conspirator must clearly communicate that they are withdrawing from the conspiracy.
Penalties to Conspiracy
The penalty for conspiracy depends on the underlying crime. A conspiracy to commit a felony is punished with a sentence for the felony. A conspiracy to commit a misdemeanor can be punished as either a felony or a misdemeanor since it is a wobbler offense.
Defenses and Penalties for Accomplices
Accomplices are usually charged with aiding and abetting under California law. The main defenses to aiding and abetting are:
- Not encouraging, aiding, or facilitating the direct crime
- False accusations
- Withdrawal
An accomplice is considered a principal for punishment purposes. This means that, similar to co-conspirators, they are punished the same as the person who committed the direct crime.
If you are charged as either an accomplice or a co-conspirator, you should immediately hire a defense attorney. This area of the law can be confusing, and a conviction can result in significant jail time.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
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