In the State of Indiana, accomplice liability is not a distinct criminal charge. It means that if you help someone to commit a crime, you are just as legally responsible as they are. The classic example is a bank robbery—it doesn’t matter if the getaway driver never entered the bank or handled a gun. If you’re part of a crew that robbed a bank, you can be charged with robbery.
Simply being present at the crime scene is not enough—you need to provide some kind of assistance in order to be an accomplice. It doesn’t take much, however. Sometimes words of encouragement can be enough, especially if you’re intentionally inducing someone to break the law.
Returning to the bank robbery example, any member of the crew can be held liable for the consequences of the robbery itself. So let’s say you’re the getaway driver, and you never set foot in the bank. If one of the other robbers is armed and shoots someone during the robbery, you can likewise be charged with aggravated battery or possibly attempted murder. This is true even if the agreed-upon plan did not involve firearms.
Accomplice liability is different from assisting a criminal, which is typically charged when a criminal has received assistance after-the-fact. Assisting a criminal starts as a Class A misdemeanor, which carries a maximum penalty of 365 days in jail and a $5,000 fine. Accomplice liability, on the other hand, is a way for the State to make you liable for a crime someone else has committed.
If you’re encouraging someone, helping them gather supplies, or anything like that, you can be charged with a crime under Indiana’s accomplice liability statute. If you have any questions about this, give the Marc Lopez Law Firm a call at 317-632-6342 and remember—always plead the 5th!
