Monday, January 30, 2012

Maryland Parties to a Crime

In Maryland the parties to a crime are all considered to be accomplices. There are three types of accomplices: accessories before the fact, accessories after the fact, and principals. Note that in order to be considered a party to a crime, the crime must be a felony and not a misdemeanor.

Definitions
Accomplice: Any person who participates in the commission of a crime, aids in the commission despite not being physically present, or comforts one who has committed a felony.

Accessory Before the Fact
Participates in the preparation with the intent that the crime be committed.

Accessory After the Fact
Participates in the aftermath of the crime, such as harboring a fugitive or hiding evidence, after a crime has been committed.

Principal
The actual person or persons who commits the criminal act. A principal need not actually be directly at the scene of the crime but must be in close proximity or nearby vicinity.

Example
Adam, Barry, Bob and Charles conspire to commit a bank robbery. A week before the bank robbery, Adam steals a vehicle to be used for the getaway. Adam also buys two handguns. Adam gives the getaway vehicle and handguns to Barry and Bob. On the day of the planned bank robbery, Adam stays home to take a nap. Barry and Bob drive in the getaway vehicle together and each is armed with a handgun. Barry creates a distraction three blocks away so the police are busy while Bob runs into the bank and demands money from the teller. Bob is engaged in the hold up. Barry, finishing the distraction, waits in the getaway car one block away. Bob finishes and jumps in the getaway car with Barry. They drive together to Charles's house 10 miles away. Charles, knowing they committed a felony bank robbery, hides Barry and Bob in his house and hides the handguns. A week later the four meet up and discuss their successful bank robbery.


Adam is an accessory before the fact.
Barry and Bob are principals.
Charles is an accessory after the fact.
Adam, Barry, Bob and Charles are all accomplices


Source:  LexisNexis Maryland Criminal Law, 2011-2012

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