Getting pulled into a criminal case when you didn’t actually commit the crime can feel confusing, frustrating, and downright unfair. Unfortunately, it happens more often than people realize, especially in Indiana where the law allows someone to be charged as an accomplice under certain circumstances. It’s common to ask, “Why am I being accused of a crime I didn’t commit?”
Indiana Code § 35-41-2-4 states:
- A person who knowingly aids, induces, or causes another person to commit an offense, commits that offense, even if the other person: (1) has not been prosecuted for the offense; (2) has not been convicted of the offense; or (3) has been acquitted of the offense.
What Does This Mean in Practice?
In plain terms, you don’t have to be the one who actually committed the crime to be charged as if you did. If the prosecution can show that you intended to help and played some role in making the crime happen, that’s often enough to pursue charges.
Under this law, you’re on the hook for everything the main offender (called the “principal”) does that is a natural and probable outcome of the crime, even if you weren’t present for every part of it. Not only are you just as responsible as an accomplice, but you also face the same penalties as the principal. An example may be driving the main offender (“principal”) to commit a burglary while you remain in the vehicle. Despite not committing the burglary yourself, you would be viewed as an accomplice.
Intent & Knowledge Matter
Intent and knowledge play a major role in decisions on accomplice liability; mere presence is not enough. For example, if you’re sitting in a car while your friends are inside a store stealing, and you have no idea what they were up to, you’re not automatically guilty of anything.
But if prosecutors can prove that you knew about the plan and were helping in any way, such as acting as the getaway driver, then you could be charged just like the person who actually stole something.
Common Examples of this Crime:
- Driving a getaway car, even if you never went inside the store, bank, etc.
- Providing tools or resources to someone who then commits a crime (if you knew that those tools and resources were planned on being used illegally)
- Helping someone plan a crime, even if you were not there when the actual crime was committed
- A real-life example would be the Netflix documentary “Monique Olivier: Accessory to Evil.” In the documentary a wife helps her serial killer husband commit murders despite the fact she isn’t known to have committed any herself. While the series & even some states may refer to it as an “accessory,” to a crime – in Indiana you would be an accomplice
Common Defenses for this Crime:
- Lack of Knowledge / Mere Presence – If you weren’t involved in the planning of the offense or had no knowledge that any criminal activity was occurring/was going to occur, that could be a defense.
- Lack of Intent – The prosecutor must prove that you intended to help or encourage the criminal activity.
- Coercion or Duress – If someone forced or threatened you into helping, that could be a defense.
- Withdrawal from the Crime – If you initially agreed to participate but later changed your mind and tried to prevent it, that may also be a valid defense.
In Indiana, these kinds of charges can carry real weight. People often don’t realize they could be looking at the same penalties as the person who actually committed the crime. That is why being informed about what types of actions may constitute aiding, inducing, or causing a crime is important.
Were you charged as an accomplice to a crime and are unsure of how to handle the next steps? Contact the experienced attorneys at Banks & Brower anytime at 866-787-9332 or at [email protected].
