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Is a person guilty of complicity if they brought handguns to a felon's place of residence and then left them at the residence?
Anonymous11 views3 answers
A friend, at the time, brought a handgun to my home and left it there. She told me I could have the gun as an "early birthday present". She knew I was a felon and still "left the gun by mistake". There can only be a crime if its reported she went on to say. Well, it was reported and now I was charged and convicted with carrying a concealed deadly weapon. What reason would she not have been charged with complicity?
This is a public website so please do not post any more details since that could hurt any defense you may have. I hope that you have retained a local defense attorney. If not click on "find a lawyer" to speak to a local experienced criminal defense attorney. Most will give you a free consultation.
Brian Paul HalloranCar / Auto Accident LawyerFort Wright, KY ·
Stop posting facts and statements on a public website. Seek and retain criminal counsel immediately. Has it crossed your mind that this alleged friend was the reporting source and may be working with prosecutors as a witness against you? A person may be guilty of a great many things and still not be charged. Charges are at the discretion of the prosecuting authority. Say nothing more to anyone except your retained legal counsel on these issues.
Frank Mascagni IIICriminal Defense AttorneyLouisville, KYKY licensed ·
The governing statute in KY is:
Kentucky Revised Statutes
Title 50. KENTUCKY PENAL CODE
Chapter 502. PARTIES TO OFFENSES: ACCOUNTABILITY
Current through 2015 Ky. Acts ch. 67
§ 502.020. Liability for conduct of another - Complicity
(1) A person is guilty of an offense committed by another person when, with the intention of promoting or facilitating the commission of the offense, he:
(a) Solicits, commands, or engages in a conspiracy with such other person to commit the offense; or
(b) Aids, counsels, or attempts to aid such person in planning or committing the offense; or
(c) Having a legal duty to prevent the commission of the offense, fails to make a proper effort to do so.
(2) When causing a particular result is an element of an offense, a person who acts with the kind of culpability with respect to the result that is sufficient for the commission of the offense is guilty of that offense when he:
(a) Solicits or engages in a conspiracy with another person to engage in the conduct causing such result; or
(b) Aids, counsels, or attempts to aid another person in planning, or engaging in the conduct causing such result; or
(c) Having a legal duty to prevent the conduct causing the result, fails to make a proper effort to do so.
Cite as KRS 502.020
History. Effective: January 1, 1975
Created 1974 Ky. Acts ch. 406, sec. 21, effective January 1, 1975.
