562.046. Defense precluded.
You can’t avoid guilt just because the other person wasn’t charged or couldn’t be.
If you’re responsible for helping or being part of a crime, it doesn’t matter what happens with the other person—they don’t have to be charged or even able to commit the crime for you to be found guilty.
1. It’s not a valid defense if the other person:
- Was acquitted (found not guilty),
- Wasn’t charged or was convicted of a different crime,
- Lacked the mental ability to commit the crime,
- Didn’t know about your criminal plan,
- Can’t be prosecuted, or
- Can’t be brought to justice.
2. It’s also not a defense that you personally aren’t someone who could have committed the crime on your own, based on the law.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
