Is an accomplice of an identical crime one subject to prosecution for the identical crime as a defendant?

California, United States of America


The following excerpt is from People v. Aleman, 202 Cal.Rptr.3d 563, 247 Cal.App.4th 660 (Cal. App. 2016):

An accomplice is one subject to prosecution for the identical crime as the defendant because he (1) personally committed the crime; or (2) knew of the criminal purpose of the person who committed the crime; AND (3) intended to and did in fact aid, facilitate, promote, encourage or instigate the crime or participate in a criminal conspiracy to commit the crime. ( 1111; CALCRIM No. 334 ; People v. Hayes (1999) 21 Cal.4th 1211, 1271, fn. 19, 91 Cal.Rptr.2d 211, 989 P.2d 645.)

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