Q&A: Accomplice Liability

Question:

Can the accomplis get more time than the actual offender?
My boyfriend and his co-defendant were charged with a few felonies, they got a plea of one felony being left of attempted aggravated robbery. My boyfriends co-defendant is out on supervised probation, the easiest type of probation and he was the one who did everything, the one who had the weapon, the one who put the weapon to the person, they just considered my boyfriend as an accompliss and they are not sure if they want to give my boyfriend a chance of probation because of his juvenile record from something he did at age 13, he is now 19 years old and this is his first offense as an adult. I dont understand how the main person who did everything got out on probation and my boyfriends co-defedant as well had a juvenile background. i dont see how this is right. they set a mitigation hearing to decide whether they want to give my boyfriend a chance at probation but the judge is thinking about giving him the presumtive of 2.5 years. both have the same judge.. can his juvenile record be used against him like that, how can his co-defendant the one who did everything get out on the easiest type of probation and they dont know if they want to give my boyfriend a chance at intensive, how can they give the accompliss more than the main person who actually did everything. and especially because of looking at his juvenile background.??

Answer:

In Arizona, an accomplice is considered just as culpable as the original offender. The fact that your boyfriend is receiving a more severe penalty can be based upon a number of factors including the nature and circumstances of the case, the strength of the state’s case against your boyfriend, any special testimonial agreements against your boyfriend, the assigned prosecutor and your boyfriend’s defense attorney. It’s important to retain experienced counsel in any felony case to ensure that your rights are preserved. There are a number of qualified attorneys on this forum who can always help. Best of luck.

Verdura Law Group PLLC


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