In Colorado, complicity is not a separate crime but a legal principle that can expose someone to felony charges. A person who aids or encourages another in committing an offense may be punished just as severely as the one who carried it out, including the possibility of imprisonment. The outcome depends entirely on the underlying crime. At McAdams Law Office, we are frequently asked, Is complicity a felony, and the answer depends on the seriousness of the crime itself. Speaking with a trusted Greeley criminal defense lawyer can help you understand the risks, the charges you may face, and the defenses that could protect your future.
Colorado law treats complicity as a theory of liability rather than a separate crime. This means an accomplice may be charged and punished as though they personally committed the crime. Under Colorado Revised Statute § 18-1-603, a person is legally accountable as a principal when, with the intent to promote or facilitate an offense, they aid, abet, advise, or encourage another in committing the act.
Prosecutors use this provision to place equal responsibility on accomplices, regardless of whether their role involved direct participation, giving advice, or simply being present with the intent to help. This wide scope allows law enforcement and courts wide discretion in determining when someone can be charged under complicity.
Complicity becomes a felony when the underlying crime is a felony. If you helped with a robbery, aggravated assault, or drug trafficking offense, you could face identical felony charges and penalties.
This is why the question, Is complicity a felony cannot be answered in absolute terms because it always depends on the severity of the underlying offense. Prosecutors evaluate both intent and involvement, and even minor participation, if paired with knowledge of the crime, can lead to felony-level charges. However, when the underlying offense is a misdemeanor, complicity liability is usually limited to that same lesser classification.
Because the penalties mirror the principal crime, complicity can carry the same consequences, including lengthy prison terms, heavy fines, probation, and a permanent criminal record. For anyone in Weld County facing this accusation, the stakes are high, and early defense strategies are critical.
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It is easy to confuse complicity with other forms of criminal responsibility, but the law draws important distinctions. In a complicity case, you are held accountable as if you committed the act alongside the principal.
By contrast, being an accessory is different. Under Colorado Revised Statute § 18-8-105, an accessory is someone who helps after the crime has already been committed, such as hiding evidence or helping the offender avoid arrest. The severity of accessory charges depends on the type of underlying offense, ranging from a petty offense when tied to a misdemeanor to a class 4 or class 5 felony when linked to serious felonies like class 1 or class 2 offenses.
The key difference is timing and intent. Complicity attaches before or during the crime, while accessory liability attaches after. Knowing where your case falls can make all the difference in how prosecutors pursue charges and how a defense is built.
Facing complicity charges does not mean you have no options. Several defense strategies may apply depending on the facts of your case:
Each case is unique, and defenses require close analysis of police reports, witness accounts, and prosecutorial evidence. An attorney familiar with Greeley courts can use these details to weaken the state’s case and protect your rights.
Being accused of complicity means you could face the same life-changing penalties as the person who carried out the crime. Whether you are asking yourself, is complicity a felony, or need immediate legal protection, McAdams Law Office is ready to defend you. Our team knows how to build strong defenses against severe charges. Call us today at (970) 353-0000 to speak directly with a Greeley criminal defense lawyer who will fight for your future.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.