Understanding Accomplice Liability in Washington: When “Helping” Becomes a Crime
When most people think about criminal charges, they imagine someone directly committing a crime, taking the property, driving under the influence, or committing an assault. But under Washington law, a person does not have to be the one who physically commits the act to face the same criminal liability. Simply helping or encouraging another person can be enough to bring serious charges. This is known as accomplice liability. This article explains how accomplice liability works in Washington, what the law says, and why it is important to understand the risks if you are accused of aiding someone else in a crime.
What Is Accomplice Liability?
Accomplice liability is a legal doctrine that holds people criminally responsible for the actions of another when they intentionally assist, aid, or encourage the commission of a crime. The law reflects the idea that those who help make a crime possible should also be accountable for its consequences.
Under RCW 9A.08.020, a person is legally accountable for the conduct of another if, with knowledge that it will promote or facilitate a crime, they solicit another person to commit it, aid or agree to aid another person in committing it, or fail to prevent the crime when under a legal duty to do so.
Example Scenarios
- The getaway driver: A person waits in the car while their friend robs a store. Even though they never went inside, Washington law may hold the driver equally responsible for the robbery.
- The lookout: Someone acts as a lookout to warn when police are nearby. Their participation makes them an accomplice.
- Encouragement: Even verbal encouragement, such as telling someone to “go ahead and do it”, can qualify as aiding or abetting if it promotes the crime.
Key Elements the Prosecution Must Prove
For the State to convict someone under accomplice liability, prosecutors must show three things. First, that the defendant intentionally assisted or encouraged the crime. Second, that the defendant knew their actions would promote or facilitate the offense. Third, that there was some form of participation, even if the assistance was minimal. Importantly, the accomplice does not need to share the same motive as the principal actor. It is the act of assisting, with knowledge that it furthers the crime, that creates liability.
Potential Defenses
Every case is unique, but there are several defenses that may apply in accomplice liability cases. Lack of knowledge is a common defense, arguing that the defendant did not know the other person planned to commit a crime. Another is the doctrine of mere presence, since simply being present at the scene of a crime without actively participating is not enough to establish liability. In some cases, withdrawal from participation and an effort to prevent the crime may also serve as a defense.
Why Accomplice Liability Matters
The consequences of accomplice liability are severe. In Washington, accomplices are generally punished as if they committed the crime themselves. This means the getaway driver in a burglary could face the same felony penalties as the person who broke into the building. This law can create surprising outcomes for people who did not realize the extent of their legal exposure. What seemed like a small favor or passive involvement can result in years of imprisonment.
Getting Legal Help
If you or someone you love is facing criminal charges related to aiding or assisting another person, it is critical to speak with an experienced Washington criminal defense attorney. These cases often turn on questions of intent, knowledge, and the fine line between presence and participation.
At the Law Office of Erin Bradley McAleer, we provide aggressive, skilled defense for clients accused of crimes across Washington. We understand the complexities of accomplice liability and are committed to protecting our clients’ rights and future.