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Colorado Complicity - C.R.S. 18-1-603

In Broomfield, Weld, or Denver County, or anywhere in the state of Colorado, "a person is legally accountable as principal (the person that committed the crime) if, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, or encourages the other person in planning or committing the offense." See, C.R.S. 18-1-603. No one in Colorado is actually charged with a crime call "Complicity". Instead, it is a principal of law that permits prosecutors to charge someone with a crime, so long as they played a role in helping someone commit the crime(s). In Arapahoe, Douglas or Jefferson County, this simply means if you do not engage in Menacing (C.R.S. 18-3-206) another person, but you provide a gun and encourage someone else to do it, you can also be charged with Menacing.

The Complicity doctrine can apply to almost any crime, such as Burglary (C.R.S. 18-4-204), or Assault in the Second Degree (C.R.S. 18-4-204). That is why if you are charged with any crime in Colorado, even if you "didn't do it," you need an experienced criminal defense attorney. Prosecutors and police do not have to state in a charging document that they are charging you with Complicity to a crime. They may simply say you are charged with the crime itself. Most people, not understanding the law, and with good intentions, will make statements to law enforcement. They do not understand that Denver area police are trained to listen for self-incriminating statements. For example, let's say you let a friend borrow a gun thinking he was going to use it for hunting. If that friend is accused of a crime involving that weapon and you tell the police you gave her the gun - that may be all that is necessary for you to be charged with the same crime.

This is why the criminal defense lawyers at O'Malley Law Office P.C., strongly suggest: if you are being questioned in regard to a criminal offense in Adams or Douglas County, talk with an attorney before you talk with the police. Broomfield County Deputies and City Police are trained to listen to key words that cannot be taken back. We always tell our clients that whenever you talk to the police, you will hear about it in court, often quoted very different than what you said.

So if you or someone you care about is charged with a Complicity based crime anywhere in Colorado, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.

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