ACCESSORY TO MURDER CHARGES IN PHOENIX, AZ
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Have You Been Charged as an Accessory to Murder in Phoenix, AZ?
If you’ve been arrested, face jail time or federal prison, an indictment, or are suspected of being an accessory to murder, you need an experienced Phoenix criminal defense attorney. Competent and knowledgeable representation is a must in every criminal case, but especially in cases involving murder. Criminal defense lawyers research the facts, investigate your case, and protect your rights while pursuing every option available to you and your case.
At Ybarra Maldonado Law Group, we help countless clients every year navigate the confusing waters of the state and federal courts and criminal justice systems. With as much experience as we have, we’ll put you in the best position for a favorable outcome. To schedule your consultation with a Phoenix defense attorney, give us a call at 602-910-4040 today.
What Is an Accessory to Murder?
An accessory to murder is an offense wherein someone helps a murderer either before or after they commit murder. This could be first-degree murder, second-degree murder, or third-degree murder. In general, accessories are not present for the crime of murder itself. Additionally, as an accessory to murder, it will likely be a felony charge rather than a misdemeanor. As a result, you could face years in a state prison.
In Arizona, we often call an “accessory” the “accomplice” to the crime. Accomplices to crimes do not commit the crimes themselves. Rather, they promote or facilitate the commission of the crime. Generally, the accomplice tells someone to commit the crime, helps plan the crime, or gives someone the opportunity to commit the crime.
What Does Accessory to Murder Mean?
As an accessory to murder, you are liable for any deaths that occur during the actual crime. One is only guilty of the crime if they have knowledge of the crime. That is, a defendant must have acted while knowing that the person they were helping was going to commit a crime or did commit a crime.
In general, being an accessory to a crime is a felony offense. If someone is an accessory after the fact, they do not face being charged with the underlying offense. However, if they are an accessory before the fact, it is possible that they face the same charges as the principal offender. This opens the door for more severe penalties and punishments.
What Is the Difference Between an Accessory and an Accomplice to Murder?
Being an accessory and an accomplice to murder are technically two different offenses, as they involve different forms of aiding the principal criminal act. Accessories are those who assist principal offenders either before or after the murder. They are complicit in the act of murder, but they do not participate in the actual murder.
An accomplice also assists the offender. This is usually done by providing information, such as disclosing the whereabouts of the intended victim. They may even give the murder weapon to the principal offender. However, they are more involved in the conspiracy and planning to commit a murder, meaning they don’t physically do anything to help execute the crime.
What Is an Accessory Before the Fact?
An accessory before the fact is someone who is not present at the time of the murder, but who encourages the murderer to commit the crime. Most state laws and criminal codes classify accessories as felony offenders. For example, someone who sells or provides a murder weapon to the perpetrator could be considered an accessory before the fact if they knew it would be used for murder.
In fact, accessories before the fact often face the same criminal charges as the principal offenders. As we stated before, this often brings harsher penalties and harsher sentences. Sometimes, we refer to being an accessory before the fact as the crime of aiding and abetting.
What Is an Accessory to Murder After the Fact?
A person who helps another individual after that party commits a felony is an accessory. An example of this would be someone driving the getaway car for their friend, or hiding the murder weapon, knowing they killed somebody.
Generally, the person labeled as the accessory after the fact is not charged with the same offense as the principal offender, or the alleged murderer.
What Are the Penalties for Accessory to Murder Charges?
The penalties for being an accessory to murder are steep and could include life imprisonment. For this reason, you should contact a criminal defense lawyer as soon as you learn you have been accused of this felony crime. According to ARS 13-303, someone can be criminally liable for a criminal offense committed by another person if either of the following is true.
- They are accountable according to the statute that defines the offense.
- The person causes another person to engage in criminal conduct, as long as their mental state is sufficient for the commission of the offense.
- They were an accomplice or accessory and helped the principal offender commit the offense.
If they are found to be an accomplice or accessory, they may face the same penalties as the principal offender, excluding a death sentence. This is because an accomplice or accessory did not actually take a life or attempt to take a life.
What Defenses Are There to Being an Accessory to Murder?
If you have been accused of being an accessory after someone committed murder, it is crucial to speak with skilled criminal defense attorneys. They will gather evidence and craft a strong legal defense against the charges you face.
In order for a prosecutor to properly accuse you of aiding and abetting, they must prove the following:
- You had knowledge that the principal offender committed the crime.
- You helped the principal with the purpose of preventing their apprehension, trial, or punishment.
A number of defenses exist for accessories both before and after the fact, which we discuss below.
- No crime occurred, and therefore you are not an accessory.
- Before the crime occurred, you had no knowledge of the intent of the principal to commit a crime.
- Your actions were not intended to help in the preparation of or commission of a crime. This lack of intent is an effective defense to these charges.
- A threat of violence from the principal to you is a valid defense. Work with your attorney to prove that the principal threatened you or someone else with immediate bodily harm.
- No crime actually happened, therefore you could not have been an accessory.
- You did not know about the crime. Even if you actually performed the actions the prosecutor accused you of, you are not guilty as an accessory. Without knowledge of the crime of the principal, you are not an accessory.
- Your intent was not to help the principal in escaping arrest, trial, conviction, or punishment. Unintentionally, you may have aided the principal without knowing that they committed a crime.
- If the principal threatened to hurt you or someone else and you helped them, you lack the mental state required to be an accessory. Because the principal threatened you with immediate harm, you did something that you would not have done otherwise.
How Does Arizona Law Handle Accessory to Murder Charges?
Punishments of accomplices depend on both the crime committed and the form in which the accomplice helped. For example, you drive the getaway car for a burglar. Even though you did not physically commit the burglary, you will still be charged with burglary. This is punishable with a prison sentence between 3 and 12 years. You still arrived at the crime scene and aided in the commission of the crime.
Keep in mind, however, that Enmund v. Florida holds that accomplices may not be convicted of the death penalty. This holds true if they did not take a life, attempt to take a life, or intend to take a life, even if they were present at the murder.
Phoenix Defense Lawyer for Accessory to Murder Charges
Even if you did not commit the principal crime, prosecutors will still come at you with all they have. Facing criminal charges can be scary, but you have the right to a fair trial and protection under the law. Filled with passion for justice and fighting tirelessly on behalf of our clients, Ybarra Maldonado Law Group is here to ensure your rights are not violated. We will put together an impressive defense that will take these accusations head-on.
If you find yourself in Phoenix or neighboring areas facing legal trouble in the criminal justice system – don’t hesitate! Call us today at 602-910-4040.