Parties to Crime: Definitions & Penalties
In criminal law, parties to a crime are individuals or groups who participate in the commission of a crime. This includes not only those who directly commit the offense but also those who assist, encourage, or enable the crime. It’s common to see cases where individuals who didn’t physically commit the crime receive the same legal penalties as the main offender.
This may sound confusing and it can be.
In some states, you can be charged with murder even if you weren’t directly involved in committing the act. For example, being the getaway driver or playing a minor role in the crime can result in the same charges as those faced by the person who committed the murder. Even if you weren’t present at the scene, the law may hold you equally accountable.
Some people on death row never actually killed anyone but were present or involved in the crime in some way.
This seems very unfair when you look at it on paper right? Why would any state or prosecutor send a person to death row when they were only the getaway driver or played another role but never committed the actual crime?
Criminal offenses, especially felony charges, can be confusing and involve a multitude of layers.
Many felonies involve multiple charges and sentences depending on the degree of the offense.
You may not think that just being any part of a criminal offense, even in the smallest way can land you in prison, but you would be mistaken. Even playing the smallest role in any crime could get you the same sentence as if you actually committed the offense yourself.
You never want to get mixed up with criminal charges especially if you never actually committed the crime.
If you or someone you know is facing any criminal charge, you need an experienced criminal defense attorney like The Defenders. Our firm has been representing clients in criminal cases for over two decades and we are dedicated to providing the best defense possible. Don’t wait until it’s too late, contact us now for a free consultation and let us fight for your rights.
What Are Parties to a Crime in Nevada?
Under Nevada law, as outlined in NRS Chapter 195, individuals involved in a crime are categorized as either principals or accessories.
- Principals: Anyone who is involved in the commission of a crime, whether they directly commit the act, aid and abet, or counsel, encourage, or hire someone to commit the crime.
- Accessories: A separate classification of parties to a crime. In Nevada, an accessory to a crime is someone who knowingly assists a person who has committed a felony or misdemeanor. An accessory can destroy or conceal evidence, harbor or counsel the offender, or help the offender escape arrest, trial, conviction, or punishment.
These may sound very similar and may come across as sounding the same but they are different.
A principal of a crime helps in any way to commit the actual crime. On the other hand, accessories usually help after the fact. Accessories for example, never took part in any of the original crimes; let’s say murder.
But after the fact one of the principals of the crime comes to you and asks you to help get rid of the murder weapon.
In this case, you can be charged as an accessory after the fact for helping the principal after they committed the act of murder by getting rid of the weapon they used to commit the crime.
This can all be very confusing, that’s why if you are ever even questioned about a crime you need to speak with a lawyer to help you understand what part you may have played and what the consequences are for playing that role.
Criminal Conspiracy in Nevada
Another part of parties to a crime is criminal conspiracy.
This is when two or more people agree to commit a crime.
There are some elements that must be met for someone to be charged with conspiracy.
- Intent: Each person must intend to carry out the crime.
- Agreement: The agreement must be a mutual understanding to commit the crime, though it doesn’t have to be formal.
- Liability: All parties involved can be held liable, even if they only played a small role.
- Prosecution: One defendant can be convicted of conspiracy charges even if the other parties are not prosecuted.
- Classification: The classification of conspiracy charges depends on the crime committed.
In Nevada, a person can face conspiracy charges without the need for an “overt act” to have occurred, setting it apart from federal conspiracy laws.
Can I Be Charged With the Same Crime as My Co-Defendants?
Different parties to crime can face the same charges even if they played the smallest of roles.
These are known as co defendants. Even if they were alleged to have participated in the same act or criminal transaction.
This is known as “joinder” of defendants.
Other things about co-defendants in Nevada:
- Defendants can be charged in one or more counts of the crime either together or separately.
- Not every defendant will be charged with each count of the criminal charges.
- The court has the option to order a joint trial for defendants whose offenses came about from the same criminal offense.
- The court can order a separation if it appears that either the defendant or the state is prejudiced by a joint trial.
- Co-defendants have the right to have the joint trial separated if their lawyer believes that the other defendant is the sole person who committed the crime.
If you look closely you will see all of this seems to be left up to the court.
The court can decide whether you will be prosecuted with other defendants for a crime.
This seems outrageous since you may have not committed the crime or only played a small part.
This is where having an experienced lawyer who knows the Nevada laws can make all the difference.
Will I Be Convicted Of The Same Crime As My Co-Defendants Or Other Parties
Yes, it is possible to be charged and convicted of the same crime as others involved, depending on the circumstances. This is particularly common in serious offenses like murder. For example, if you served as the getaway driver during a robbery where someone was killed, you could still be charged with murder—even if you neither committed the robbery nor caused the victim’s death. This falls under the felony murder rule, which holds individuals accountable if a death occurs during the commission of another felony.
Knowing someone is planning a crime like murder and not doing anything to stop can also result in serious charges.
In some cases, the prosecutors in a case will offer the person with the lesser role in the crime a plea bargain or lessen the charges to get the person to give information against the principal defendant. When serious charges like murder are on the table, even the lesser participant could face serious prison time.
Why Do I Need a Lawyer?
Feeling confused? You didn’t commit the crime, right? Maybe someone else did, and you were just the driver—or perhaps you didn’t even know what was happening. Yet, here you are, sitting in a jail cell, facing charges as if you were directly responsible.
No one wants to find themselves on that side of the cell or the courtroom. That’s why having an experienced lawyer by your side is crucial.
If you are even questioned about a serious crime regardless of whether or not you participated in it, you need a lawyer. Never speak with the police and always ask for a lawyer. The Defenders advise asking for a lawyer first before ever answering questions.
Your instinct may want to help yourself and the situation but you do yourself no good by answering questions without a lawyer. Remember what you say can be used against you.
You always answer questions and give information after you hire a lawyer.
The police will always have questions after a crime, but your freedom may not always be guaranteed.
Always ask for a lawyer regardless of the charges.
The Defenders have been representing clients in Nevada for decades. Our track record speaks for itself.
Call us today if you or a loved one has been charged with an offense.
Frequently Asked Questions
What does it mean to be an accessory to a crime?
Being an accessory to a crime means assisting someone who has committed a crime, either before or after the crime takes place. For example, helping someone hide evidence or evade law enforcement can result in charges. Accessories can face serious penalties depending on the crime’s severity, even if they didn’t directly participate in the core criminal act.
Can I be charged if I didn’t commit the crime but knew about it?
Yes, simply knowing about a crime and failing to report it or intervening can lead to criminal charges in certain cases. Depending on the situation and jurisdiction, you might be charged as an accessory, or under conspiracy laws if you were aware and did not act to prevent or disclose the crime.
What is the felony murder rule?
The felony murder rule holds individuals involved in a felony accountable for any deaths that occur during the commission of that felony, whether or not they personally caused the death. For example, if someone is killed during a robbery you were part of, you could face murder charges even if you didn’t harm anyone. This legal doctrine can lead to serious convictions for participants, regardless of their direct actions.
Can I be convicted if I played a minor role in a crime?
Yes, even playing a minor role can result in conviction if prosecutors can prove your involvement. You might face charges like conspiracy, accessory, or even the primary crime itself if your actions contributed to the criminal plan. The severity of the charges will depend on your level of involvement, but legal consequences can still be significant.
Do I need a lawyer if I’m only being questioned by the police?
Absolutely, you should always consult a lawyer if law enforcement is questioning you about a crime. Anything you say during questioning can be used against you later, even if you believe you’re helping your case. By hiring a lawyer, you protect your rights and ensure you don’t unintentionally incriminate yourself. This precaution could be critical to preserving your freedom.
