When facing federal criminal charges, the specific terminology used to describe your role in the crime can have significant consequences for your case.
While being a conspirator and being an accomplice both suggest that you were involved in a crime you may not have directly committed, these two terms have distinct legal meanings.
There is also a significant difference in how sentencing is decided for each.
A conspiracy requires at least two people to agree to commit an unlawful act, along with an overt act to further that agreement, even if the crime itself is not carried out.
An accomplice is someone who intentionally helps, encourages, or advises another person to commit a crime, such as disabling an alarm or driving a getaway vehicle.
In either case, being implicated as a conspirator or an accomplice can put you in serious legal jeopardy under federal law, and your best chance of avoiding or minimizing penalties is with the help of an experienced federal criminal defense attorney.
Key Takeaways
- In federal criminal cases, a conspirator agrees with others to commit a crime and becomes liable for all foreseeable crimes committed by the group, including acts they did not personally commit (under Pinkerton liability).
- Federal conspiracy law, particularly regarding Pinkerton liability, extends responsibility by holding group members accountable for all related crimes, often making it more stringent than basic accomplice liability.
- An accomplice, also known as an "aider and abettor," intentionally helps in committing a crime, and can be charged for that crime and possibly additional offenses.
- An accomplice can be charged as a principal, meaning they are just as guilty as the main actor for the crime they assisted, often under 18 U.S.C. § 2, aiding and abetting.
- The main difference is the conspirator's agreement to the plan compared to the accomplice's assistance in carrying out the act. However, the broad Pinkerton doctrine under federal law blurs these distinctions, making conspiracy particularly risky.
- In federal criminal cases with multiple defendants, a severance motion can be one of the most important pretrial tools.
Let's take a closer look at the difference between a conspirator and an accomplice and the implications this could have for your case.
What is a Conspirator?
A conspirator is a person who agrees with one or more individuals to commit a federal crime. Under federal law, specifically 18 U.S. Code § 371, a conspiracy charge requires the prosecution to prove two main elements:
- An Agreement: Two or more people mutually agreed to commit an offense against the United States or to defraud the United States. This agreement does not need to be formal or written; it can be an unspoken understanding.
- An Overt Act: At least one of the conspirators must have taken a concrete step-an "overt act"-in furtherance of that agreement. This act need not be the crime itself. For example, purchasing supplies or conducting surveillance could qualify as an overt act.
Conspiracies regarding drug-related offenses fall under a different statute, 21 U.S. Code § 846. Notably, this statute does not require either party to commit an overt act. The agreement alone is sufficient for the prosecution to bring a charge.
What is an Accomplice?
An accomplice, also known as an "aider and abettor," is a person who assists, facilitates, or encourages the commission of a crime.
Federal law, under 18 U.S. Code § 2, treats anyone who "aids, abets, counsels, commands, induces or procures" the commission of an offense as if they were a principal (i.e., the person who directly committed the crime).
To be considered an accomplice, an individual must:
- Know about the crime being committed.
- Intentionally act in a way that assists in its commission.
Unlike conspiracy, being an accomplice does not require a prior agreement. The assistance can be provided spontaneously.
For instance, if someone knowingly provides a getaway car for a bank robber without a pre-existing plan, they could be charged as an accomplice, not a conspirator.
Example: A lookout (accomplice) during a bank robbery is liable for the robbery. But if that lookout was part of a drug conspiracy in which a co-conspirator later murdered to protect the drug trade, the lookout could be charged with murder under Pinkerton, even without knowledge of the murder.
Legal Implications and Penalties
The distinction between these roles has significant legal consequences.
If you're charged as a conspirator, you can be held liable for the original planned crime as well as any other foreseeable crimes committed by your co-conspirators in furtherance of the conspiracy. As noted above, this is known as the Pinkerton rule.
The penalty for conspiracy under 18 U.S.C. § 371 is a fine, imprisonment for up to five years, or both.
However, for drug conspiracies under 21 U.S.C. § 846, the penalties are the same as those for the underlying drug offense, which often carry severe mandatory minimum sentences.
If you're charged as an accomplice under U.S.C. 2, you are punishable as a principal. This means you face the same charges and penalties as the person who physically committed the crime.
If you aided in a federal offense that carries a 10-year prison sentence, you are also subject to a 10-year sentence.
Impact on Criminal Defense Strategy
Whether you are accused as a conspirator or an accomplice will shape your defense. The prosecution carries the burden of proof, and a skilled federal criminal defense attorney will challenge the evidence presented.
Common defense strategies may include:
- No Agreement (Conspiracy): Your attorney can argue that you never agreed to commit the crime. Mere association with individuals who commit a crime is not enough to prove conspiracy.
- Withdrawal from the Conspiracy: If you can demonstrate that you affirmatively renounced the conspiracy and communicated your withdrawal to your co-conspirators before an overt act was committed, you may have a valid defense.
- No Intent to Assist (Accomplice): For an accomplice charge, your attorney can argue that you did not intentionally or knowingly assist in the crime. Perhaps you were present but did not participate, or your actions were not intended to help the commission of the offense.
- Lack of Knowledge: A key element for both conspirators and accomplices is that they must know the criminal plan. A defense can be built around the argument that you were unaware that a crime was being planned or committed.
For additional details or a case evaluation, contact the federal criminal defense law firm at Eisner Gorin LLP.
