What Does It Mean to Be an Accessory to a Crime in Arizona?
In Arizona, there are legal ramifications for being an accessory to a crime. This is true of most states. If you know of a crime, are familiar with a crime, or help someone who committed a crime then you could also find yourself in a world of trouble.
Understanding the grounds of the law and the ramification of the law is very important. You may not realize just how hard the punishment could be if you are convicted of being an accessory to a crime.
What exactly constitutes an accessory to a crime and what are the Arizona laws regarding this? We’ve got you covered and we’re going to break it down for you here!
What is an Accessory to a Crime?
The law, particularly in Arizona, can be pretty strict on any type of behavior that allowed someone to execute a crime. In some instances, it even covers behavior in which you weren’t aware a crime was committed. More about that later.
An accessory to a crime is primarily defined as a person who assists in a crime being committed, without actively participating in the crime. In more detail, if your acts or lack of action allowed another individual to commit a crime, you could be considered an accessory to a crime.
In this case, you can think of it more as general aid or even limited help and encouragement that led to a crime being committed.
Accessory to a crime should not be confused with joint participation. If you are directly responsible or took part in some way, then you actively participated in the crime and are considered a joint principal rather than an accessory.
As far as the general written word of the law and the conviction punishment, there is some variability from state to state. Let’s talk about Arizona.
Arizona’s Stance on Accessory to a Crime
Many of Arizona’s laws tend to be straightforward with little room to bargain. Their accessory to a crime criminal code tells us that an accessory is any individual who provides, or agrees to provide, assistance or advice in the planning or commission of a crime.
In other words, if you provided an opportunity or a means for committing the crime, you could be an accessory. Here is a more detailed example for you.
Your friend (whom you trust) asked if they could borrow your car for a couple of hours. You say yes, no question asked. While they have your car, they rob a gas station and you were never the wiser.
If your car was the getaway car, despite the fact you were unaware, you could potentially be liable. There is a lot of gray area here because there will be the question of whether or not you knew what your friend was up to or even suspected these things.
The law is very adamant about not relinquishing an accessory and there are even some specific guidelines for scenarios that could get the other person off while you are still liable as an accessory.
If the following things occur, you are still considered an accessory and will not avert criminal liability for the charges.
- Other party granted immunity
- Other parts convicted of a different crime than the original charge that you are charged for
- Prosecuting personnel determine they will not pursue charges against the other person
- Other party is acquitted of the charges
As you can see, if you are labeled as an accessory and convicted, you could face charges while the other party either faces different charges or gets off without a charge at all.
In fact, Arizona state law actually encourages prosecutors to use testimony of one party against other parties in order to make convictions. Immunity is often offered in return for cooperation.
In Arizona, if you are an accessory, you are charged with the same crime that the other party committed. Even if their charges are later changed, yours remain the same.
Keep in mind that according to Arizona State Law, there are 3 associations.
- Aid, counsel, agree to help, or attempt to help another individual planning or committing a criminal offense
- Provide a means or an opportunity for another person to commit a crime
- Solicit or instruct another individual to commit a criminal offense
If you see the terms aiding and abetting, these terms have the same meaning as an accessory to a crime.
Arizona Punishment for Accessory to Crime
We’ve talked about just what an accessory is defined as both in general and according to Arizona. But what does that mean when it comes to punishment?
It’s pretty simple really. When you are charged with being an accessory, you are seen as an equal party to the crime. If the other party is charged for a violent felony, drug trafficking, embezzlement, or even a misdemeanor then you too are charged with the exact same crime.
Does this mean you will both end up with the same punishment? Not necessarily. Remember that we mentioned the other party might be able to get immunity or reduced charges. However, the law has a stipulation that the accessory cannot get around their charge, regardless of what the party that actually committed the crime receives.
According to Find Law. In the event that your charges go to court, the prosecution would be tasked with the responsibility of proving that a crime was in fact committed and that the accused did in fact contribute to the crime in some way.
Defining what the punishment as an accessory would be is a bit challenging as it would be directly related to the punishment associated with the crime committed.
For example, if you are charged as an accessory to robbing a gas station then your punishment is going to coincide with that charge and the level of the charge. Is it a felony? What level or class of felony or other type of charge is it?
The punishment will be directly related to the crime committed and the legal guidance of punishment for that specific crime.
Once a charge for an accessory to a crime has been applied, it can be very challenging to get out of that charge. There is very little defense in these situations because of the stipulations and wording of the law.
Legal Support is Necessary
If you find yourself facing an accessory to a crime charge, don’t try to go through it alone. Find sound legal support that can help to cover your defense. They will be able to look at every angle, research your options, and look for any little loophole there may be.
They also might be able to help with plea options and fighting the charge. A criminal defense attorney is the best option in this situation. Keep in mind that if you or someone you know is facing an accessory to a crime charge, they will be charged with a matching criminal charge as the crime committed.
Conclusion
Acting as an accessory to a crime, even if you weren’t certain of the crime, could potentially land you in more trouble than you ever want to face. Be careful of who and what you encourage and how you support those actions so you don’t find yourself in this boat.