But he did it!

This week I have had to explain the law of parties in Texas to some clients. If you watch TV cop/lawyer shows or practice outside of Texas, you may be familiar with the concept of accomplice liability. In Texas we refer to it as "the law of parties" What we are really talking about is when can someone be criminally responsible for the acts of another.

The law says that a person can be charged with commission of an offense if they were a party. The classic example is that of a lookout or getaway driver. If two people go to rob a bank and one goes inside with a weapon and commits a robbery and the other never goes inside but waits outside as the getaway driver, both can be charged with robbery. The theory is that, but for the actions of the getaway driver aiding and assisting the gunman, the crime might not have occurred so the law will punish both equally.

So when is someone criminally responsible for the acts of another? The Texas pattern jury charge says something like, "A person is criminally responsible for an offense committed by the conduct of another if, acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense." However, "mere presence alone will not constitute one a party to an offense." The charge is rather broad. We no longer have terms like "accessory before or after the fact" The assistance can be merely to help the wrongdoer avoid capture like the getaway driver. The law encompasses events before, during and after the crime is committed.

Many defendants do not realize that they can be guilty of a crime committed by another but which they aided or assisted. They are always surprised that the defense of "But he did it!" doesn't work.