Accomplice vs. Conspirator: Key Legal Differences

Accomplice Vs. Conspirator in a Criminal Case; Everything You Need to Know

A person who has assisted in committing a crime is called an accomplice or a conspirator in law. An accomplice deliberately or consciously helps someone commit a crime, whereas a conspirator joins a group of people in a scheme to do an illegal act. Below is what you need to know between an accomplice and a conspirator.

Who is an Accomplice in Criminal Case?

A person who actively and knowingly participates in a crime is an accomplice. As seen from these definitions, one need not participate in the crime to be an accomplice; one only has to encourage it or be aware of it in advance. Even though an accomplice was not there when the crime was committed, he is responsible nonetheless.

Assume, for instance, that the bank watchman deliberately turns off the security system to allow criminals to enter the building. This man is an accomplice even if he might not have been at the site of the crime because he is also responsible for it. An accomplice may face the exact charges and penalties as the primary offender.

Who is a Conspirator?

A conspiracy occurs when two or more people consciously commit illegal conduct. A co-conspiracy is a term used to describe each participant in this plot. The actual crime’s commission and the conspiracy that led to it may be brought against a defendant. A person might still be charged with conspiracy even if the actual crime is not committed. Let’s revisit the bank robbery example: if you are apprehended before the robbery and have all the evidence of the plan, you can be charged with conspiracy. Conspiracy charges may be brought against you even if you hire someone to conduct a crime on your behalf in a criminal case.

Differences Between a Conspirator and an Accomplice in a Criminal Case

An accomplice is someone who knowingly and voluntarily aids, attempts to aid, or supports a crime. In contrast, a Conspirator is a person who joins a scheme to do illegal conduct with one or more other people.
Only when his partner executes the crime an accomplice may divert attention away from witnesses or security. Even if he did not actively participate in the crime, he is guilty of the crime. In contrast, a conspirator could pay someone to do something wrong. He bears direct responsibility for the crime despite not committing it.
Once a crime has been committed, a person may be accused of being an accomplice. In contrast, someone could face conspiracy charges even before committing the crime.

Finally, it is vital to remember that depending on the jurisdiction and relevant legislation, the precise legal definitions and repercussions of being an accomplice or conspirator can change. In a criminal case, the degree of each person’s involvement, intent, and knowledge will be thoroughly assessed to determine their responsibility and potential penalty.

What Are the Major Stages of a Criminal Case in Maryland?

Handling a criminal case in Maryland can be a complicated affair without the proper knowledge of the proceedings. Often the process involves an array of stages that could take a significant amount of time to get through, depending on the nature of the crime and the specific state’s laws. Below are the major stages of a criminal case in Maryland.

1. Investigation

Every criminal case begins with an investigation. In Maryland, charges and investigations usually start when someone files a complaint with the officials. Say, for instance, there was a fight at the bar or an incidence of domestic violence. In such cases, when the police are called, it is on the grounds of “exigent circumstances,” and depending on the severity of the issue, a warrant might not be necessary. However, the authorities may interview the involved persons, further investigate the intricacies of the matter, and determine whether criminal charges will be filed.

2. Processing With the Necessary Authorities

Following up after the investigation by law enforcement officials, depending on the nature of the criminal case in Maryland, the next stage is usually handled by the involved authorities. Who may either be commissioners, the police themselves, or handed over to detectives and administrative investigators, depending on the case.

3. Filing a Charge for Criminal Case in Maryland

Depending on the nature of the incident, the reporting personnel or government might decide to file charges against the other party. If this is the case, the reporting person is to see the commissioner or police officer, who will verify and validate the provided facts. The integrity of information and the nature of the crime are the factors that will direct the commissioner into deciding whether or not the case is worth filing.

4. Preliminary Hearings for A Criminal Case In Maryland

Once the provided facts are correct, in Maryland, the next step is having the defendant exercise their rights to a preliminary hearing in a district court. In a preliminary hearing, evidence is first provided by the state’s attorney’s office. Based on the information provided, the district court is then to decide whether the case should continue in a circuit court.

5. An Investigation by A Grand Jury

Depending on the severity and nature of the crime, or in an instance when the integrity of provided information needs to be clarified further, a more independent body might be required. At the federal and state levels, a grand jury comprises 24 jurors. This body is responsible for validating facts following the state’s laws and ensuring no over-exaggeration or misleading information. The review of the grand jury will be the basis of whether indicting the defendant is valid.

6. An Arraignment in Criminal Court

If the Grand jury finds the indictment of the defendant valid, the defendant is to appear before the criminal court. It is of utmost importance for the defendant to have a skilled lawyer present through this process to be adequately informed about the intricacies of the arraignment and how to best navigate the situation. After arraignment, a trial date is set, and the time before the trial is a necessary period called the “discovery time.” During this period, it is in the defendant’s best interest to have an experienced attorney going through every detail of the case and obtaining the necessary information to ensure the affected party can benefit from the situation.

Should I Take the Stand In My Criminal Case?

Most seasoned lawyers actively discourage their clients from taking the stand in their criminal cases, despite what you may see in movies and on television. It’s unnecessary for the defendant to give a statement and doing so may open up more opportunities for the prosecution to weaken your case or make you appear guilty in front of the jury. Here’s how to get the legal assistance you need fighting criminal charges.

It May Be Dangerous to Be Cross Examined

If you take the stand to testify in your criminal case, this means that you are also subject to what is known as cross examination. Being cross examined can hurt your case if the prosecution is able to ask you questions that get you upset or flustered, regardless if they have very little evidence to prove their claims.

You Don’t Need to Make a Claim of Innocence

You don’t need to make a claim of innocence when you go to court to defend yourself against criminal charges, contrary to popular belief. Under the law, you are presumed innocent of the crimes you are accused of until the prosecution brings forward enough evidence to convict you beyond a reasonable doubt. For this reason, it’s usually not necessary for a defendant to testify to prove their innocence.

The Jury’s Perception of Who Has the Burden of Proof May Change

That said, jurors may still think that the defendant should actively provide evidence that they’re not the perpetrator of the crime they’re being accused of. This is often the case when a defendant offers testimony in their own defense, and it can be detrimental to your chances of a successful verdict.

Another Helpful Defense Strategy to Use Instead

A more successful defense strategy against being accused of the crime is to weaken the prosecution’s case. By omitting evidence from court, jurors will have a more difficult time proving that you committed the offense beyond a shadow of a doubt. For example, evidence obtained during an illegal search is likely dismissable.

Arrested for a Crime? A Maryland Criminal Defense Lawyer Is Your Best Defense

Waiting to get legal help after being arrested and charged with a crime can cost you your future. You need experienced advocacy to ensure that your rights are protected at all times during the Maryland criminal process. Contact Britt Criminal Defense for your initial consultation to discuss your case details now at 443-944-5705.

What Are Aggravating Factors in a Criminal Case?

Not All Crimes Are Penalized Equally

There are many factors that play a role in how a crime is charged and punished if the defendant is found to be guilty. Here’s what you should know about aggravating factors that could result in a harsher penalty and what you can do to protect yourself legally.

Committing a Crime with a Deadly Weapon

If you are charged with committing any crime using a deadly weapon, such as a knife or firearm, your sentencing may be harsher if you are found guilty. For example, assault with a deadly weapon is almost always more serious than a traditional assault charge. If you commit a burglary with a gun, you could face stiffer penalties than if you had done so without the gun, whether or not the gun was used during the crime or not.

Repeat Offenses

Repeat offenders usually are sentenced more harshly the second, third, or fourth time around in an attempt to deter them from recidivism. This also applies to any criminal history, even if the crime you were convicted of in the past is different from the one you are being charged with now.

Hate-Motivated Crimes

Hate crimes are taken more seriously now than ever before and those accused of committing a hate-motivated crime may be facing prison time and thousands of dollars in fines. Any crime that a person is found guilty of that targeted a protected group, such as those of a particular race or sexual orientation, can automatically face aggravated sentencing as a result.

Victim Vulnerability

Crimes committed against traditionally vulnerable people are usually also treated more seriously and can result in harsher penalties if you’re convicted. For example, children, the disabled, and the elderly are generally considered to be more vulnerable than the average person, and crimes committed against them therefore considered more egregious.

Mandatory Minimum Sentences

Some crimes — usually violent crimes or those that cause serious damages — have what is called a mandatory minimum sentence. This means that regardless of the circumstances surrounding the crime, the judge must impose at least the minimum sentence, which must be served by the defendant before being considered for parole.

When to Get Legal Help After an Arrest

Don’t wait after being arrested for a serious crime to get legal help. Protect your rights by acting immediately and securing experienced criminal defense representation with Britt Criminal Defense. Call today at 443-944-5705.