Can I Be Charged for a Crime I Didn’t Commit Accomplice Liability

Understanding Accomplice Liability and Constructive Possession in Washington

Many people believe you can only be charged with a crime if you were the one who actually committed it. Unfortunately, that’s not always how the law works. In Washington State, the legal doctrines of accomplice liability and constructive possession allow prosecutors to bring criminal charges against people who didn’t directly commit the act—but were allegedly involved in some way. These charges can come as a shock, especially to those who believe they were in the wrong place at the wrong time. At the Law Office of Erin Bradley McAleer, we help clients understand what these charges mean—and how to fight them.

What Is Accomplice Liability?

Under Washington law, you can be held legally responsible for a crime even if you didn’t commit it yourself, as long as the state can prove you intentionally helped or encouraged someone else to do it. This is known as accomplice liability.

The law (RCW 9A.08.020) says you’re an accomplice if you:

  • Solicit, encourage, or request someone to commit a crime
  • Aid or agree to aid another person in planning or committing a crime

For example, if you drive a friend to a store knowing they intend to rob it, or if you stand by as a lookout during a burglary, you could be charged with the same crime as the person who actually committed it. Even if you never stepped inside, the law treats you as equally responsible.

These cases are highly fact-dependent, and prosecutors often rely on circumstantial evidence—such as text messages, prior associations, or presence at the scene—to try to prove intent or involvement. That’s why it’s essential to have a defense attorney who knows how to challenge weak or speculative inferences.

What Is Constructive Possession?

Constructive possession is another legal concept that can lead to unfair charges. It allows the state to charge someone with possessing drugs, weapons, or stolen property even if the items weren’t physically on them at the time.

In Washington, you can be found in constructive possession if:

  • You had dominion and control over the item (or over the place where it was found),
  • You knew the item was present, and
  • You had the ability to access and control it

This often comes up in situations like:

  • Drugs or a firearm found in the glove compartment or trunk of a shared car
  • Contraband discovered in a house or apartment with multiple occupants
  • A backpack or suitcase containing illegal items that’s near, but not on, the accused

The key issue is whether you knew about the item and had control over it—but police and prosecutors often make assumptions based on proximity alone. That’s where a skilled defense attorney can step in to show lack of knowledge, lack of control, or both.

Why These Charges Are So Dangerous

Accomplice liability and constructive possession can lead to convictions without direct action, making them powerful tools for prosecutors—but dangerous for defendants. People can find themselves facing years in prison simply for being nearby, in the wrong company, or unaware of illegal activity. These cases often depend on interpretation, assumption, and inference, rather than hard proof.

How We Defend You

At the Law Office of Erin Bradley McAleer, we understand how frustrating and confusing these charges can be. We take a proactive, aggressive approach to defending clients accused under these doctrines by:

  • Investigating all the facts and challenging the evidence of intent or control
  • Exposing weaknesses in the prosecution’s narrative
  • Highlighting lack of knowledge, lack of access, or non-involvement
  • Filing motions to suppress illegally obtained evidence
  • Telling your side of the story—clearly and powerfully

Charged With a Crime You Didn’t Commit? We Can Help.

If you or a loved one has been charged as an accomplice or under constructive possession in Washington, don’t wait to get legal help. These charges are serious—but they can be fought.

Call the Law Office of Erin Bradley McAleer today for a free consultation at (360) 334-6277 for all criminal matters.  We’ll defend your rights, your reputation, and your future.