If you are being found guilty due to accomplice liability but the perpetrator has accepted a deal in which the felony has become a gross misdemeanor, can you still be charged with the felony?

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If you are being found guilty due to accomplice liability but the perpetrator has accepted a deal in which the felony has become a gross misdemeanor, can you still be charged with the felony?

Asked on May 14, 2012 under Criminal Law, Arizona

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

The only way to be "found guilty" is to either plead guilty or be found guilty at trial by judge or jury. At this point, the perpetrator's plea deal is exclusive to that person and the circumstances of that person's case. Your plea deal, if one was offered or rejected, would have been exclusive to your circumstances and situation. Thus, just because the prosecution agreed to reduce the perpetrator's liability to a misdemeanor offense does not mean that they have to, or will do the same for you, especially if you went to trial and were found guilty, and the perpetrator plead guilty and decided not to go to trial.


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