What Is a Complicity Charge in Colorado

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What Is a Complicity Charge in Colorado

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Posted By William McAdams | June 19 2025 | Criminal Defense

A complicity charge in Colorado applies when someone is accused of helping, encouraging, or advising another person in the commission of a crime. You don’t have to carry out the act yourself, or even be at the scene, to face the same charges and penalties as the individual who did. If prosecutors believe your actions were intended to support or enable the offense, you can be held equally responsible under state law.

This type of charge can be overwhelming, especially when your role was limited or unclear. At McAdams Law Office, we understand how quickly complicity cases escalate. That’s why understanding “what is a complicity charge” is key to responding early and protecting your rights. A skilled Greeley criminal defense lawyer can help you navigate these complex allegations and build a strong defense from the start.

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What Does It Mean to Be Charged with Complicity?

A person can be charged with complicity when they intentionally help someone else commit a criminal offense. Under Colorado Revised Statutes § 18-1-603, this includes encouraging, advising, or aiding another person in planning or executing a crime.

You don’t need to be present at the scene. Driving someone, supplying materials, or offering guidance can result in the same legal consequences. For example, someone might loan a weapon knowing it would be used in a robbery, act as a lookout during a burglary, or advise another person on how to commit fraud.

Intent matters. Simply knowing about the crime or being nearby isn’t enough; the person must have taken action to support it.

Elements of a Complicity Charge in Colorado

For a complicity charge to hold, prosecutors must prove three key elements:

  • A crime occurred
  • The defendant assisted, encouraged, or advised the act
  • The actions were taken with criminal intent

These elements separate complicity from mere association. Knowing what is a complicity charge requires recognizing that the law demands proof of purposeful involvement, meaning the defendant’s actions must have played a knowing and intentional role in furthering the offense, not accidental or passive involvement.

The Difference Between Complicity and Other Criminal Charges in Colorado

Complicity differs from other criminal charges because it does not require directly committing the crime. Here’s how it compares:

  • Principal Offender: The individual who carries out the offense
  • Accessory: Someone who helps after the crime (e.g., hides evidence)
  • Conspiracy: Requires an agreement to commit a crime and an overt act

Complicity does not require an agreement, only intentional assistance. Comprehending these distinctions is essential for a strong defense.

Penalties for Complicity Convictions

The punishment for complicity mirrors the penalties for the underlying offense. If you’re found guilty of complicity in a felony, you face the same consequences as if you had committed the crime yourself.

According to Colorado Revised Statutes Title 18, felony convictions carry the following presumptive penalties:

  • Class 1 Felony: Life imprisonment or the death penalty (for certain crimes)
  • Class 2 Felony: 8 to 24 years in prison and up to $1 million in fines
  • Class 3 Felony: 4–12 years, up to $750,000 in fines.
  • Class 4 Felony: 2–6 years, up to $500,000.
  • Class 5 Felony: 1 to 3 years in prison, fines up to $100,000

For misdemeanors or lesser charges, jail time and fines vary but can still significantly impact your record, employment, and civil rights. 

Other repercussions may include mandatory parole, loss of civil rights such as firearm ownership, difficulty securing employment or housing, and damage to personal reputation.

These consequences illustrate why it’s so important to work with a criminal defense attorney who understands the intricacies of complicity law and sentencing in Colorado.

How an Experienced Criminal Defense Attorney Can Help with Complicity Charges in Colorado

Complicity charges often feel unjust, especially if you didn’t commit the crime. But Colorado law looks not only at what occurred but also at why and how you were involved. That’s why understanding what is a complicity charge is key to building a strong defense. 

The right legal support provides clarity and direction every step of the way. Here’s how an experienced defense attorney can help you with:

  • Challenging claims of intent or encouragement
  • Demonstrating a lack of knowledge or passive presence
  • Showing the defendant withdrew before the crime
  • Identifying rights violations or procedural errors

Every defense should be grounded in facts, legal precision, and the unique circumstances of your case, not assumptions or generalizations.

Need Legal Help? Contact McAdams Law Office

Complicity charges can carry the same weight as the crime itself, even if you didn’t commit the act directly. If you’re unsure what is a complicity charge or how it affects your future, we can help. At McAdams Law Office, we provide experienced, focused criminal defense for clients throughout Greeley and Weld County.

Call (970) 353-0002 today for a free, confidential consultation. Let us fight to protect your rights, your record, and your future.

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Two DUIs downgraded to DWAI,
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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.