Legal Question in Criminal Law in Ohio

conspiracy or accomplice to murder

If a person is believed to have helped make a murder possible, would he be charged with conspiracy or being an accomplice, and if acquitted of either, could he be later charged with Murder? Or could that be considered double jeopardy?


Asked on 1/23/07, 1:06 am

2 Answers from Attorneys

Daniel J. Mangan III JuryTrialJustice

Re: conspiracy or accomplice to murder

As stated...if a person were to facilitate the murder...that person could be charged with murder as a co-conspirator and or principle in the murder, an acquital at trial would raise a double jeopardy/prior acquital bar. There is a fine difference between true double jeopardy bar and a prior acquital bar. An accomplice is a principle in the crime.

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Answered on 1/23/07, 10:54 pm
David Davies Law Office of David H. Davies

Re: conspiracy or accomplice to murder

A conspiracy is charged when someone plans with someone else to commit a crime but the crime doesn't take place. If there actually was someone killed or an actual attempt to committ the murder takes place, then the person who actually did the killing would be charged along with anyone who assisted. The people assisting would be accomplices but could be charged with the same crime as the person who actually committed the murder. Two or more people plot to committ an offense and some substantial overt act is committed towards that offense? Conspiracy as long as the offense never actually happens or is not attempted. If the offense is committed or attempted-accomplice and same responsiblility as the shooter-(or whatever) If you are talking about possible murder charges, you need to talk directly to an attorney ASAP! if you have additional questions, feel free to give me a call. Good luck DHD

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Answered on 1/24/07, 4:06 pm


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