What happens when you have been accused of a crime but you want to bring a defense? When do aspects like abandonment and withdrawal come into play? These are criminal defenses that arise when you, the defendant, claim that you never completed a crime because you abandoned it before you had a chance to be fully involved. If you never committed the crime you can’t be charged… right?
Abandonment and Withdrawal Explained
You might be able to establish that you abandoned or withdrew from a crime if you stopped participating in the act before it was completed. In some cases, defendants might have considered becoming involved in the crime but, to stop it from fully taking place, they call the police in order to stop it from happening. For example, what if somebody was in the process of planning a robbery and they wanted you to be the getaway driver? Instead of completing the crime, you call the police so that you can turn them in, knowing that lives could be at stake if things get violent.
If you abandoned the crime on a voluntary basis, you might have a defense to use. Abandonment happens when you might have considered a crime but not you don’t want to anymore.
Many people sometimes choose to withdraw from a crime but then they engage in it a second time. If you do so, then you will not be able to use this as a defense, because your desire to commit the crime never truly left.
As you can see, sometimes the defenses of abandonment and withdrawal can be confusing and you might not know when they are most appropriate. We want to help when it comes to your case. Call us today at the Law Office of Peter Blair for more info.