Criminal defendants are often surprised to learn that they can be charged and convicted for the criminal actions of another person. This is known as the law of accountability. According to the jury instructions given in accountability cases, “A person is legally responsible for the conduct of another person when, either before or during the commission of an offense, and with the intent to promote or facilitate the commission of that offense, he knowingly solicits, aids, abets, agrees to aid or attempts to aid the other person in the planning or commission of an offense.”
This does not mean that a person will be charged and convicted because they happen to be with another person that commits a crime. That would be guilt by association and the law does not punish individuals for merely associating with someone who commits a crime. Instead, to be held accountable for another person’s crime, an individual must assist in the planning or execution of the crime and at the same time intend that the crime be committed. An example should help in understanding when a person is or is not accountable for the crime of another.
Let’s take the case of an armed robbery. Assume that Jeff wants to commit the offense of armed robbery and tells his friend Jason. Jeff explains to Jason that he needs Jason to drive him to a certain area of Chicago so that Jeff can find somebody to target. Jason doesn’t want to let Jeff down so he agrees to drive Jeff to a certain area so that Jeff can target someone for a robbery. Jason then drives Jeff to the corner of Clark and North Avenue in Chicago. Jeff jumps out of the car and commits a robbery on an innocent victim. When Jeff finishes, he jumps in Jason’s car and they drive away from the scene. A few minutes later Jason is pulled over by Chicago police and both are arrested. Jason tells police that he did not commit a robbery. Jason further explains that he merely drove Jeff to the scene so that Jeff could commit the robbery. Jason explains that he watched Jeff commit the robbery and then drove Jeff away from the scene so that Jeff would not get caught. In this case, Jason will most likely be joining Jeff in prison. Although Jason did not actually commit the robbery, he is accountable for Jeff’s criminal conduct because he aided Jeff and knew that Jeff would commit the robbery.
On the other hand, let’s assume that Jeff called Jason and told Jason that he needed a ride to the Best Buy in Lincoln Park. Jason agrees to drive Jeff and drops him off at the store. Jason agrees to wait until Jeff returns from the store. After about 5 minutes, Jeff jumps back in the car and tells Jason to speed away. Jason complies and heads quickly toward downtown Chicago. After about 10 minutes of driving, Jeff tells Jason that he just committed a robbery. Jason is surprised but does not call the police on his good friend. Just then, the police pull Jason over and arrest both Jason and Jeff. At trial, the evidence shows that Jason did not know that Jeff would commit a robbery. The evidence showed that Jason merely believed he was taking Jeff to Best Buy. Although Jason did help Jeff get to and from the robbery scene, Jason is found not guilty because he is not accountable for Jeff’s criminal conduct.
The most important thing to remember is that just because you yourself did not actually commit the robbery, pulls the trigger, or steals the car, does not mean you will not be charged and convicted of the crime. If you ever find yourself charged with a crime in Chicago or the suburbs, contact a criminal defense lawyer/attorney immediately.
At the Chicago Criminal Defense Law Firm, we represent individuals accused and charged with a DUI, Drug Crimes, Assault & Battery, Felonies, Burglary, Shoplifting, Traffic Violations, or any criminal offense. A former felony prosecutor Chicago Illinois Criminal Attorney Andrew Weisberg fully understands every aspect of the law and is committed to providing aggressive representation to each and every client.
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