Accomplice Liability in Florida: When Can You Be Charged for Someone Else’s Crime?

Most folks think that a person cannot be charged with a crime if they were not physically involved in unlawful activity. However, in Florida, this might not be true, since under Florida’s “principal” law, an individual who helps someone else commit a crime can be charged with criminal offenses, just like the one who actually committed the crime.

Therefore, it is important to know the difference between accomplice liability and presence when faced with criminal offenses.

What is accomplice liability?

Florida law permits the prosecutor to file charges against the accused as a principal when the accused knowingly facilitates, abets, assists, or induces another individual to commit a crime. Therefore, it is not necessary for one to be physically involved in the commission of a crime for them to be held criminally liable.

In some cases, the prosecutor can file charges based on accomplice liability when one:

• Acts as a lookout in case of a burglary
• Flees after robbing somebody using a car
• Provides equipment knowing that it will be used in committing a crime
• Induces an individual to commit a crime

Upon proving the above elements, one could be charged equally with the person who actually committed the offense.

Mere presence is not enough

Another principle of great importance to criminal law in Florida is that being at the scene of a crime is not sufficient to constitute criminal activity.

Suppose there was a gathering of people where one of them unexpectedly committed a robbery. It is clear that if others were unaware of the planned crime, did not encourage its commission, and did not help the robber in any way, then their mere presence cannot be used against them as evidence of having committed a crime.

Similarly, following a robber after a crime has been committed will not be enough to convict an individual of participating in the crime.

What must prosecutors prove?

For one to be convicted using accomplice liability, the prosecution must demonstrate that the defendant:

• Was intending to commit the crime
• Helped, aided, or assisted in planning the commission of the crime
• Did so with the knowledge of what he or she was doing

This is quite a task, especially where it involves witness or circumstantial evidence.

Common defenses 

There are a few possible defenses that might be raised against the charge of being an accomplice to a crime. These include:

• That they were unaware of the planned crime
• That there was no intent on their part to assist the criminal
• That they were just around and did nothing to help with the crime
• The individual has been wrongfully identified by the witnesses

Sometimes, the assumption of an individual’s association with the criminal becomes the basis for the prosecutor’s case. However, there must be proof beyond reasonable doubt of the accused’s involvement in the crime before a conviction can be obtained.

Talk to a Tallahassee, FL, Criminal Defense Lawyer Today

Luke Newman, P.A., represents the interests of Tallahassee residents who are facing serious criminal charges. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.