What's the Difference Between Aiding, Abetting, and Being an Accessory to a Crime?

One type of accessory that never makes you look better is being criminally charged as an accessory to a crime. Being an accomplice (sometimes called an "aider and abettor") can also get you arrested. The exact definitions of these legal terms vary from state to state, but here's an overview of what these crimes have in common and how they differ.

What Does It Mean to Aid, Abet, or Be an Accessory to a Crime?

The person who commits the actual crimes is referred to as the "principal." Accomplices encourage or help the principal—they include aiders, abettors, and accessories.

Here's how they differ:

• Aiding means assisting, supporting, or helping another to commit a crime.
• Abetting is encouraging, inciting, or inducing another to commit a crime. You'll often hear "aiding and abetting" used to describe a single act of helping a principal.
• Accessories support the principal's commission of crime. State laws typically distinguish between accessories "after the fact" and "before the fact." These terms describe a person's assistance to the crime before or after it is committed.

While these terms are often used interchangeably, criminal liability for being an accomplice differs depending on their role.

Criminal Liability for Accomplices

An accomplice helps the principal before or after the crime. The person charged with aiding, abetting, or acting as an accessory doesn't have to be at the scene of the crime to be guilty. But all three charges require proof that the accomplice knew that a crime was going to be or had been committed by the principal.

Aiding and Abetting

Those who aid and abet before or during a crime will be in just as much trouble as the person committing the crime. The principal's crime becomes their crime. So if Adam is the getaway driver for Peter who commits a bank robbery, Adam can be held liable for the bank robbery even if he's a block away.

Accessories before the fact are often considered to be aiding and abetting for liability purposes. An accessory before the fact might counsel the principal on how to commit the offense.

Accessory After the Fact

Even someone who learns of a crime after the fact and who in fact may disapprove of the crime, but who helps the person who committed it, may be charged with being an accessory after the fact. For example, when Jay Gatsby takes the wheel from Daisy Buchanan after she drunkenly hits and kills her husband's mistress, he is an accessory to the crime of vehicular manslaughter committed by Daisy. Gatsby wasn't driving and played no role in the drunk driving incident that led to the victim's death. But his actions were intended to conceal Daisy's crime and make him an accessory after the fact.

Liability for being an accessory after the fact is often considered a separate crime from the underlying offense. Depending on the state and type of assistance rendered, it might be referred to as "aiding an offender," "assisting a criminal," or "hindering prosecution." Penalties are often less severe than the principal faces.

Can an Accomplice Be Charged With Conspiracy?

If accomplices are very involved in the crime, they may be charged with conspiracy. Often, prosecutors will charge a person with conspiracy when that person has been directly and significantly involved in planning or concealing a crime. For example, suppose a person tips off a friend that a neighbor always leaves open the side door to the garage housing his valuable tools, knowing his friend will steal the tools. If the friend commits the theft, the tipster may be charged with aiding and abetting the theft. But someone who takes the key to a neighbor's garage and passes it off to a friend may have passed into co-conspirator territory if the friend steals from the garage. Conspirators risk being convicted of conspiracy even if the intended crime never occurs.

Getting Legal Help

If you've been arrested or charged as an accomplice, talk to a criminal lawyer as soon as possible. A lawyer can answer your questions, investigate the facts, and advocate for you in court. While you can share a lawyer with a co-defendant, this type of joint representation can be risky. Learn more about the risks involved in joint representation here.