Is it legally possible to charge someone as an accomplice to family/dating violence even though they are not a member of family, household or dating category?
Scenario: Ex-boyfriend stabs ex-girlfriend and is assisted in the agg assault by the new girlfriend. Can you charge new girlfriend as a party to the Agg. Assault FV (1st degree) or is she only chargeable under Agg Assault (2nd degree) as a party?
Without knowing the facts, it sounds to me like ex-girlfriend’s actions fall squarely under the definition of 7.02, because she’s aiding in the commission of Agg Asslt DW FV, a 1st degree felony. She didn’t commit that offense, but she’s criminally responsible for it under 7.02.
A party (accomplice) who aids, attempts to aid, encourages, solicits, or directs another to commit an offense is guilty of the offense committed by the other person. So, you would charge the new girlfriend with the first degree felony. If the new girl friend also committed Agg. Asslt. against the x-gf, by causing bodily injury with a deadly weapon or causing SBI, you could also charge her with second degree Agg. Asslt. as Count 2.
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