Can You Be Charged If You Didn't Commit the Crime? Understanding Accomplice Liability in Pennsylvania
You didn’t commit the crime — but you were there, or maybe knew someone who did. Now you're facing the same charges as the person who actually committed the act. How is that possible? In Pennsylvania, the legal concept of accomplice liability allows the prosecution to charge someone as if they committed the crime, even if they didn’t physically carry it out. This principle often surprises people — and it can lead to serious felony convictions if not properly defended.
Mark D. Hauser
7/29/20252 min read
With over 30 years of experience as a criminal defense attorney in Philadelphia and throughout Pennsylvania, I’ve represented many clients caught in this exact situation.
🔹 What Is Accomplice Liability?
Under 18 Pa. C.S. § 306, you can be found guilty of a crime as an accomplice if:
You intend to promote or facilitate the commission of a crime
AND
You aid, agree to aid, or attempt to aid the principal (main offender)
You don’t need to actually commit the crime. You don’t need to be present when it happens. Even minor actions — like helping plan, providing a ride, or acting as a lookout — can lead to the same criminal liability as the main offender.
🔹 Examples of Accomplice Liability
These common scenarios often result in accomplice charges:
Driving the getaway car during a robbery
Texting updates to someone committing a burglary
Encouraging a friend to retaliate against someone
Holding someone back during a fight so someone else can attack
Providing a gun to someone knowing they intend to use it
Even if you didn’t intend for the full crime to happen, you may still be held responsible if you aided or encouraged it in any way.
🔹 Penalties for Accomplices
If convicted as an accomplice, you face the same penalties as the person who committed the crime, including:
Felony charges
Jail or prison time
Restitution and fines
Permanent criminal record
There is no “lesser charge” just because you weren’t the main actor. That’s why a strong defense is critical.
🔹 How Can You Fight Accomplice Charges?
Key defenses in accomplice liability cases include:
✅ Lack of intent — you didn’t intend to help or promote the crime
✅ No knowledge — you didn’t know the crime was going to happen
✅ You withdrew — in some cases, backing out before the crime occurs is a legal defense
✅ You were simply present — being at the scene isn’t enough
✅ Coerced involvement — if you were forced to help, that can be a defense
These cases are fact-sensitive, and prosecutors must prove beyond a reasonable doubt that you knowingly and intentionally helped commit the crime.
Don’t Let Someone Else’s Crime Become Your Conviction
If you're being charged as an accomplice — or even investigated — you need a defense attorney who understands how to separate your actions from those of others.
📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.