Colorado has one of the most comprehensive accomplice to crime laws in the entire country. The key thing to know about it is that in the state, the accomplice can be held criminally liable to the same degree of offense as the principal offender. They might even face the same charge even if they were not present when the criminal act occurred. These are complicated cases. Here, our Montrose criminal defense attorney provides a comprehensive guide to Colorado’s accomplice to a crime law.
What is an Accomplice?
Broadly defined, an accomplice is a person who helps other people commit a crime in a meaningful way. The assistance can be direct (providing tools or active help during the offense) or it can be indirect (offering information, helping plan the crime, etc). The core element is contribution. Colorado looks at whether the person acted knowingly and whether their conduct made the crime easier to commit. To be clear, an accomplice does not need to be present. They do not need to carry out the act. The law focuses on participation rather than direct and/or physical involvement.
What Colorado Law Means by “Accomplice Liability”
Colorado’s accomplice statute (C.R.S. § 18-1-603) creates broad criminal responsibility for anyone who helps another person commit a crime. The rule is straightforward. A person who aids, abets, advises, or encourages an offense can be charged as if they carried out the act. The state does not adjust the charge based on the size of the contribution. The legal theory holds the accomplice and the principal at the same level of culpability.
In other words, Colorado has a very harsh accomplice law. Many defendants charged as accomplices are surprised or even stunned to learn about the severity of the charges being filed against them. Indeed, many people expect the law to distinguish between the person who commits the act and the person who stands nearby or offers limited support. However, Colorado does not draw that line. The prosecution only needs to prove that the accomplice acted knowingly and that their conduct contributed to the offense.
How Colorado Prosecutors Prove Culpability
A person can be charged as an accomplice if he or she aided and abetted a criminal offense. Notably, Colorado courts interpret aiding and abetting broadly. Assistance can be direct or indirect. It can occur during the crime or before it. Transportation, communication, planning, or the sharing of information can satisfy the statute. Seemingly minimal help can qualify.
The key element is knowledge. The defendant who is facing a charge as an alleged accomplice must have understood that their conduct will promote the criminal act. The prosecution focuses heavily on messages, statements, and behavior. It builds a narrative that the defendant knew the plan and acted with awareness. The line between casual involvement and purposeful assistance is critical.
Know the Penalties for Being Charged as a Criminal Accomplice in Colorado
The penalties will vary based on the underlying criminal act. Remember, there is not a criminal accomplice charge per se. Instead, Colorado treats accomplices the same as principal offenders for sentencing. That rule creates the risk of an accomplice facing extreme penalties. A person who aids or encourages a crime can be charged with the crime itself, including the highest-level felonies. If the principal commits robbery, the accomplice can face robbery. If the principal commits first-degree assault, the accomplice can face first-degree assault. In extreme cases, the state can prosecute an accomplice for homicide even if the accomplice never touched the victim. Colorado’s equal-liability structure places defendants at full risk.
Note: In reality, an accomplice to a crime will not always end up facing the exact same penalties as the principal offender. Judges do have discretion in many criminal cases. They will consider the specific circumstances. Still, it is important to have a clear understanding that under Colorado law an accomplice can be charged with the crime itself.
The Difference Between “Mere Presence” and Criminal Participation
Colorado courts recognize an important boundary in criminal accomplice cases. Mere presence during a criminal act is not enough to establish accomplice liability. A person can be at the scene of a crime, see what happens, and have no legal responsibility if they did nothing to help. The prosecution must show actual assistance or encouragement. Of course, the distinction can become difficult to apply in practice.
The reality is that events unfold quickly. Witnesses misinterpret silence or panic as approval. Officers assume that friends or associates shared intent. The law requires proof of action, but the prosecution often treats proximity as evidence of participation. A clear understanding of this boundary is essential because the entire theory of liability depends on it. If you were charged as an accomplice even though you were only merely present but not a true participant, a top-rated Colorado criminal defense attorney can help.
Active and Voluntary Withdrawal
In the context of criminal accomplices, Colorado recognizes withdrawal under C.R.S. § 18-1-603 and related doctrines. A person who abandons participation before the offense occurs and takes meaningful steps to stop the crime can avoid liability. With that being said, courts require clear evidence that the defendant changed course. Leaving the scene silently is not enough. The law looks for action that signals an attempt to prevent the crime or assistance that neutralizes earlier support. A charge based on being an accomplice could potentially be successfully defended on the grounds that you actively and voluntarily withdrew your participation.
Can You Be Charged as an Accomplice in Colorado if You Did Not Know About the Crime?
No. At least not if you can successfully assert that fact as part of your defense. Colorado law requires knowledge for liability as a criminal accomplice. In other words, a person cannot be convicted as an accomplice if they had no understanding that their conduct supported a criminal act. State law clearly and squarely places the burden on the prosecution to prove that the defendant (alleged accomplice) acted knowingly. The state must show awareness of the crime. It must also connect the defendant’s actions to the underlying crime in a way that reflects purposeful support. Helping someone without knowing their plan does not make you an accomplice. Being present during a crime does not make you an accomplice unless you intended to help. If you did not know about the crime, that is a good cause for a defense against an accomplice charge.
How Colorado Criminal Defense Lawyer Brent Martin Can Help
Are you facing a criminal charge for violating Colorado’s accomplice to a crime law? Attorney Brent Martin is standing by, ready to protect your rights and your interests. We are prepared to answer your questions, review your cases, investigate the charges, and develop a strategy that is designed to help you get the best outcome. Attorney Martin has more than 20 years of criminal defense experience in Colorado. We are knowledgeable and detail-focused. Your initial consultation with our Montrose, CO defense lawyer is completely confidential and carries no additional obligations.
Contact Our Montrose Criminal Defense Attorney Today
At The Martin Law Firm, our Colorado criminal defense lawyer is an aggressive advocate for justice. If you have any questions or concerns about the Colorado accomplice to a crime law, we can help. Contact us today to set up your completely confidential, no obligation initial consultation. With a legal office in Montrose we serve communities throughout the region, including in Montrose County, Delta County, Gunnison County, and Mesa County.