Can You Be Charged If You Were Just “There” During a Crime?

Here’s what you need to know if you’ve been charged with a crime you didn’t directly commit, and how an experienced criminal defense attorney can protect your rights.

What Is Accomplice Liability in Pennsylvania?

Under 18 Pa. C.S. § 306, Pennsylvania law allows the state to prosecute someone as an “accomplice” if they:

• Aid, agree to aid, or attempt to aid in committing a crime

• Encourage, solicit, or conspire with others to commit the crime

• Intend that the crime be committed, even if they didn’t carry it out

This means you can be found equally guilty as the person who actually committed the act—even if your involvement was minor.

Examples of “Just Being There” Charges

• A group of friends shoplifts from a store. You didn’t take anything, but you were with them, acted as a lookout, or drove the car—you can be charged.

• You attend a party where a fight breaks out. Someone is seriously hurt, and you’re accused of helping or not stopping it.

• A friend commits a robbery and hops into your car to flee. If prosecutors believe you knew about the crime or helped the escape, you could be charged.

What Prosecutors Must Prove

To convict you as an accomplice, the state must prove:

✅ You knew a crime was going to happen
✅ You intended to assist or promote the crime
✅ Your actions or presence contributed to the crime

Mere presence at the scene isn’t enough. But prosecutors may try to argue that your behavior—before, during, or after the crime—shows intent or assistance.

Can You Be Charged If You Didn’t Know a Crime Was Happening?

Not legally. If you truly didn’t know what was happening and had no intent to help, then you should not be convicted.

However, police and prosecutors may misinterpret your actions or assume guilt by association. This is especially true in cases involving:

• Groups of friends or associates

• Street altercations or riots

• Property crimes like burglary or vandalism

• Juveniles or college students

• Drug-related investigations

What If You Left the Scene or Didn’t Do Anything?

Leaving the scene doesn’t automatically clear you, but it may be used as evidence of non-involvement—or the opposite, depending on how it’s presented.

If you didn’t physically assist in the crime but:

• Warned others,

• Tried to stop it, or

• Were simply in the wrong place at the wrong time,

You may have a strong defense. Your attorney can present witness statements, cell phone data, video footage, or text messages showing you had no involvement or intent.

How a Defense Attorney Fights “Guilt by Association”

An experienced criminal defense lawyer can:

✅ Show lack of intent or knowledge
✅ Argue you were merely present, not participating
✅ Cross-examine witnesses for contradictions
✅ Present evidence that you tried to leave or didn’t help
✅ File motions to separate your case from co-defendants if necessary

These cases are often highly fact-specific, and the earlier you involve a lawyer, the better your chances of avoiding a wrongful conviction.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’ve been charged with a crime just for being “there,” you need legal representation immediately. With over 30 years of experience handling complex criminal cases in Philadelphia and across Pennsylvania, Mark D. Hauser knows how to challenge accomplice liability and defend against “guilt by association.”

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.