One who aids or abets principal prior to or during commission of the crime and is present at the commission of the crime with intent that the crime be committed.
Accomplice defense: withdrawal
- repudiate prior aid
- do all that is possible to countermand prior assistance
- before chain of events is in motion and unstoppable
- renounce criminal purpose
- withdraw from participation prior to commission to fthe crime
- make a substantial effort to prevent commicssion of the crime
NY Rule: as a result of diease or defect, defendant lacked substantial capacity to know or appreciate nature and consequences of such consequences or that such cconduct was wrong.
based on preponderance of evidence
Intoxication as a defense
Voluntary intoxication: defense to specific intent crimes if it prevents formation of required intent. Nolt a defense where intent formed before intoxication. Not a defense to malice, recklessness, negligence, or strict liability crimes
Involuntary intoxication: defense where it negates an element of the crime for general and specific intent crimes.
Infancy as a defense
Common law: below 7, no liability; 7-14 = rebuttable presumption of no capacity; 14+ = tried as an adult.
NY law: below 16 = no criminal responsibility except 13-15 for second degree murder and 14-15 for kidnapping, arson, assault, manslaughter, rape, aggavated sexual abuse, burglary, robbery. or attempted murder.
Mistake of fact as a defense
May rely on mistake as a defense if the mistake is reasonable
- Not aggressor
- Threat of unlawful harm is immediate
- Deadly force justified only when reasonably necessary to prevent death or serious injury, prevent serious felony, or to apprehend felon who poses risk to safety of the community
Defense of others as a defense
A person has the right to defend others under the same circumstances that self-defense would be acceptable. Extends to anyone defendant reasonably believes has a right of self defense.
Government official or agent induced or encouraged defendant to commit crim by employing methods or persuasion or inducement that create a substantial risk the crime will be committed by persons other than those who are ready to commit it
An alibi is a defense whereby a defendant denies his participation in a crime because he asserts that he was somewhere else at the time of the commission of the alleged crime.