5. Accomplice Liability

Question 1

What is Accomplice Liability in Georgia?

Answer 1

Under Georgia law, any person “concerned in the commission” of a crime is a party to the crime and may be charged with the commission of the crime.

Question 2

Four elements where an actor is “concerned in the commission” of a crime

Answer 2

An actor is “concerned in the commission” of a crime if they:

1. directly commit it;
2. cause someone else to commit it;
3. aid or abet it; or
4. intentionally advise, encourage hire, counsel, or procure someone to commit it.

Question 3

Accomplice liability extends to acts of the principal that were

Answer 3

the “natural and probable consequence” of the criminal scheme that the accomplice encouraged or aided.

Question 4

Does mere presence at the scene of the crime suffice as an accomplice under Georgia law?

Answer 4

No. mere presence at the scene of the crime will suffice.

Question 5

An accomplice may sever liability for future crimes by withdrawal or abandonment by:

Answer 5

1. giving no further assistance or encouragement;
   and
2. communicating his withdrawal to his accomplices.

Question 6

What is Accessory After the Fact in Georgia?

Answer 6

Georgia has established several statutes that deal with the “accessory after the fact” situation:
i.) Obstructing a law enforcement officer;
ii.) Hindering apprehension of a criminal;
iii.) Aiding another in escaping lawful custody; and
iv.) Concealing a death of a person which hinders discovery of whether the death was unlawful.