If you have been arrested, you might be shocked to learn that you can be charged with a serious felony even if you never touched a weapon, stole an item, or threw a punch. In Georgia, the law casts a wide net using a concept called “Party to a Crime.”

I am Scott Smith, a criminal defense attorney in Atlanta, Georgia. I often hear from people who believe they are innocent because they were “just there” or only played a minor role. However, under Georgia law, if you are “concerned in the commission of a crime,” you can be convicted and punished just as severely as the person who actually committed the act.

Here is an easy-to-understand breakdown of what it means to be a party to a crime and the defenses that may be available to you.

What is a “Party to a Crime”?

Under Georgia statute O.C.G.A. § 16-2-20, a person is a party to a crime if they directly commit the crime, or if they:

1. Intentionally cause another person to commit the crime;
2. Intentionally aid or abet the commission of the crime; or
3. Intentionally advise, encourage, hire, counsel, or procure another person to commit the crime.

Essentially, if you associate yourself with an unlawful enterprise and share a common criminal intent, the law considers the act of one conspirator to be the act of all.

Examples of Being a Party to a Crime

You do not have to be the ringleader to be prosecuted. The State often uses the following scenarios to charge individuals as parties to a crime:

1. The Lookout: If you stand guard while others enter a building to commit a robbery, the law considers you a party to that robbery. Even if you never entered the building, your participation allowed the crime to happen.
2. The Getaway Driver: Driving a perpetrator to a crime scene, blocking a victim’s path, or driving the shooter away after the act can be evidence that you were aiding and abetting the crime.
3. The Encourager: Words matter. If you are watching a fight and yell phrases like “finish it,” “handle your business,” or “do what you got to do,” you could be convicted as a party to the resulting assault or murder.
4. The Market Maker: If you tell a burglar that you will buy specific items (like guns or electronics) if they steal them, you may be considered a party to the burglary itself because you encouraged the crime by creating a market for the stolen goods.
5. Failure to Protect (Parents): In cases involving children, a parent who fails to protect their child from abuse or fails to report known abuse can be charged as a party to the cruelty or molestation committed by another person.

Defenses: “Mere Presence” is Not Enough

Just because the police charge you as a party to a crime does not mean you are guilty. There are specific legal defenses we can use to fight these charges.

1. Mere Presence The most common defense is that you were simply at the wrong place at the wrong time. Georgia courts have repeatedly ruled that mere presence at the scene of a crime is not sufficient to convict someone. If you were standing nearby but did not participate, help, or encourage the act, you should not be convicted.
2. Mere Association Simply knowing the person who committed the crime or associating with them is not enough to make you guilty. The State must prove you had a shared criminal intent.
3. Mere Approval Even if you watched the crime happen and approved of it, that approval alone—without active encouragement or assistance—is insufficient to make you a party to the crime.
4. Withdrawal or Abandonment If you initially agreed to participate but then abandoned the effort before the crime was committed, this can be an affirmative defense.

Call Us If You Have Been Charged

Cases involving “party to a crime” allegations are legally complex. The State often relies on circumstantial evidence, such as your conduct before and after the crime, to try to prove you were involved. You need an experienced attorney to deconstruct that evidence and establish your defense.

If you or a loved one has been charged with a crime in Georgia, do not wait.

Call me, Scott Smith, at 404-581-0999.