Can You Be Charged If You Weren’t the One Who Committed the Crime?

This is known as accomplice liability or conspiracy, and it can result in felony convictions, prison time, and a permanent criminal record—even for people who never touched a weapon or laid a hand on anyone.

Here’s what you need to know about how Pennsylvania law treats people connected to a crime—and how a criminal defense attorney can help.

What Is Accomplice Liability in Pennsylvania?

Under 18 Pa. C.S. § 306, a person is criminally liable as an accomplice if they:

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

• Encourage or facilitate the crime in any way

• Are present and intentionally assist during the offense

• Provide tools, weapons, or information in advance

• Help cover up the crime after the fact (in some cases)

This means you don’t have to pull the trigger, swing a punch, or steal an item to face serious charges.

Examples of Accomplice Behavior That Can Lead to Charges

• Driving someone to or from a robbery (“getaway driver”)

• Acting as a lookout while a friend commits a burglary

• Lending a phone, car, or weapon with knowledge it will be used in a crime

• Texting someone warnings or updates during a criminal act

• Helping hide stolen property

• Telling someone how to commit a crime, or encouraging them to do it

If prosecutors believe you knew what was going to happen and took any action to assist, you can be charged as a co-defendant.

What About Conspiracy Charges?

Conspiracy is a related charge under 18 Pa. C.S. § 903, and it occurs when:

• Two or more people agree to commit a crime, and

• At least one person takes a step toward completing it

Even if the crime never occurs, you can be charged with conspiracy if prosecutors can prove an agreement existed and any act was taken in furtherance of the plan.

But What If I Didn’t Know What Was Happening?

This is one of the most important legal distinctions: Knowledge and intent matter. You can only be convicted as an accomplice or conspirator if the prosecution proves:

✅ You knew a crime was going to happen, and
✅ You intentionally assisted or agreed to assist

If you were simply present at the scene, or had no idea what your friend or relative was planning, your attorney can argue that you lacked criminal intent and should not be held responsible.

Can I Still Be Charged After the Fact?

Yes. You may be charged as an accessory after the fact if you helped someone:

• Flee the scene

• Hide evidence

• Avoid arrest

• Lie to police

• Destroy incriminating items

While this is typically a separate charge from the main offense, it can still result in misdemeanor or felony penalties depending on the case.

How a Criminal Defense Lawyer Can Help

If you’ve been charged with a crime you didn’t personally commit, your lawyer will work to show:

✅ You didn’t know a crime was going to occur
✅ You didn’t agree to participate
✅ You didn’t take any action to help
✅ Your presence alone is not proof of guilt
✅ There’s no direct evidence linking you to the plan

Your attorney may also push for reduced charges, separate your case from a co-defendant, or argue for dismissal if the prosecution’s theory is weak.

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

Being charged for a crime someone else committed can be overwhelming—but you don’t have to face it alone. With over 30 years of experience in criminal defense across Philadelphia and Pennsylvania, Mark D. Hauser knows how to dismantle accomplice allegations and protect your future.

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