Generally speaking, if a person assists another person or persons, he or she can be charged with aiding and abetting or accessory. Under different state laws, aiding and abetting and accessory vary greatly regarding their definition. There are three elements to most aiding and abetting charges against an individual. The first is that another person committed the crime. The second, the individual had knowledge of the crime or the principal’s intent. The third, the individual provided some form of assistance to the principal. An accessory in legal terms is typically defined as a person who assists in the commission of a crime committed by another or others. In criminal law, it is necessary to distinguish between the accessory and the principal. The principal is the person that is responsible for a particular crime. Under most legal jurisdictions, the person or persons charged with aiding and abetting or accessory are not directly involved with the crime that is committed. They are usually not present when the crime occurred. In most cases, a person charged with aiding and abetting or accessory either has knowledge of the crime before it occurred or after it occurred. A person that is aware of a crime before it occurs and gives some form of aid to those committing the crime is known in legal terms as an “accessory before the fact.” A person that is unaware of the crime before it took place but helps in the aftermath of the crime is referred to as an “accessory after the fact.” To be convicted as an accessory to a crime, the person must be aware that the crime was going to take place or became aware that a crime took place. Helping a person after they have committed the crime unknowingly may be excused in most cases. For example, a person that helps another that has committed a crime by letting them stay in their home for a period of time may not be charged as an accessory. An accomplice is considered completely different from an accessory in legal terms. An accomplice is present when the actual crime occurs. The sentences given to accomplices in capital crimes cases have been debated for years. In the 1982 Supreme Court ruling on Enmund versus Florida, it was ruled that an accomplice may not receive the death penalty for a capital crime that was committed by another person.

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