Can i be charged and convicted of burglary.

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Can i be charged and convicted of burglary.

I was standing on someones driveway
while my brother was inside a garage
stealing items from a car. We were both
charged with burglary, am i legally
charged with burglary for his actions?
We were on camera.

Asked on May 5, 2018 under Criminal Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can be charged, even ultimately convicted, if there is sufficient evidence to show that you were assisting or helping or participating in the crime in some way, such as by having driven him there knowing or suspecting what he would do; driving him away, after knowing he committed a crime (so helping him escape in essence); acting as a "lookout" while he committed  the crime; etc. If you provided any level of assistance knowing or reasonably believing a crime was being committed, you can be criminally liable. In the situation you describe, standing on someone else's driveway while your brother stole, the authorities may believe you helping by being a lockout or something similar.


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