Here in Texas, there is a law that holds you accountable for your associate’s crimes. It’s called the Law of Parties. Even if you’re not directly or actively involved, the state can hold you just as responsible as the main offender—that means you may face the same charges and the same prison time and fines, whether that’s for assault, sexual crimes, robbery, or drug possession.
The “Law of Parties” treats all participants in a crime equally, no matter their role.
Under Texas’s “criminal responsibility for conduct of another,” also known as the Law of Parties, there are four basic ways you can be found guilty by association:
- Cause or trick a normally incapable person to commit a crime. This would be, for example, a minor or someone who is mentally disabled.
- Encourage, direct, or help a person commit a crime. Here, the other person is fully capable.
- Don’t stop or try to prevent a crime when you’re legally required to do so. (Note: this is not the same as Failure to Report.)
- Conspire to commit a crime, and while that’s happening, one of your co-conspirators commits a different crime.¹
You’ll notice that in none of those situations did you yourself commit sexual assault, pull the trigger, possess drugs, etc. That doesn’t matter.
In the eyes of a Tarrant County jury, you’ll be just as criminally responsible as the person who did.
If the state can prove you aided a sexual assault, you’re guilty.
I want to zero in on sexual assault here because there are several ways that a person can aid the offense without literally committing it, opening themselves up to guilt by association.
Maybe a person blocks the door to perhaps prevent a victim from leaving. Even if they just stand guard to ensure the primary offender doesn’t get caught, they can be charged with sexual assault or even aggravated sexual assault.
Sexual assault is a second-degree felony.
It’s punishable by 2 to 20 years in prison and fines up to $10,000. It’s punishable by 2 to 20 years in prison and fines up to $10,000.
Aggravated sexual assault is a first-degree felony.
For the charge to bump up to aggravated, the alleged crime must involve serious injury, use of a weapon, or sexual contact with a child. It comes with 5 to 99 years or life in prison and up to $10,000 in fines.
Remember, being guilty by association doesn’t lessen the consequences.
The law treats all accomplices as fully responsible.
The line between a bystander and a criminal is paper-thin.
Legally speaking, your "mere presence" at the scene of a crime isn’t enough to convict you. You need to assist in some way.
However, the on-the-ground reality in Texas is that prosecutors may argue that your presence encouraged another person to commit the crime.
- Even if you just drove someone to the location where they committed a crime, the state can push for a conviction.
- You may also be charged if you’re aware that a sexual crime is occurring in your presence and choose to stay in the room without stopping it.
The law can hold you responsible if your actions (or decision not to act) helped the perpetrator in any way.
Conspiracies can lead to charges for crimes you’re not even aware of.
Let’s look at the conspiracy section of Texas Penal Code § 7.02, since it works a bit differently from the other provisions.
Conspiracies don’t have to be complex, powerful, or particularly organized. If two or more people decide to commit a felony, that’s a conspiracy.
Here’s where it gets tricky: Once everyone in the group conspires to commit a crime, each person can then be charged for crimes the others commit.
All crimes tied to the original plan count.
If you and another person plan to commit a simple robbery, and while it’s unfolding, the other person commits a sexual assault, you can be guilty of both crimes.
That’s even if you had no knowledge of and weren’t even present for the sexual assault.
This law still has limits.
If a person you conspired with commits an unrelated crime long after the fact, you likely wouldn’t be liable.
Prosecutors use the Law of Parties to pressure people to testify.
The Law of Parties makes for powerful leverage. When multiple people are involved, a prosecutor might pressure one into testifying against another in exchange for a plea deal.
Then, it can come down to he said, she said.
If an associate testifies against you, you may need to prove that you did not know they intended to commit a crime.
These cases hinge on credibility.
Once accusations are made, it can become your word against theirs on the stand. A skilled lawyer can help you tell your story clearly and consistently, as the evidence supports that. They also coach you on how to respond to questions calmly and find the weak points in your testimony before you take the stand.
"Mere presence" isn’t the only defense against guilt by association in Texas. Here are four more.
A competent lawyer looks closely at all of these defense strategies. The ones they use will depend on the specific facts of the situation.
Lack of intent means you didn’t plan to commit a crime.
This strategy involves demonstrating that you had no knowledge of the planned criminal activity and never intended to assist with it.
Withdrawal is when you stop participating.
If you withdraw from an agreement to commit a crime before it occurs, you are not liable for whatever happens. This defense is strengthened if you communicate your withdrawal clearly and take positive steps to prevent it, like notifying the police.
Insufficient evidence doesn’t move the needle enough.
Reasonable doubt is the threshold here. The prosecutor needs evidence to prove beyond a reasonable doubt that a person was associated with a crime.
Constitutional violations can’t be entered as evidence.
Law enforcement needs to honor the Fourth Amendment of the U.S. Constitution, which protects against unreasonable search and seizure.²
The police can’t force you to unlock your phone, can’t search your home without a warrant, and can’t search your vehicle without probable cause. Any evidence they find doing these things is not admissible in court.
“Mere presence” doesn’t mean you’re guilty.
We’ve talked about this already: You are not guilty simply because you’re present when others plan to commit a crime or commit it.
The prosecution needs to prove beyond a reasonable doubt that you took active steps to help make the crime happen.
Facing guilt by association charges in Texas? Call Gold Legal Now.
If you have been accused of assault, sex crimes, or drug crimes under the Law of Parties, you need experienced legal counsel.
Contact Gold Legal, PLLC today. We will fight tirelessly to protect your rights and your reputation.
— Kandi Gilder, Attorney at Law
References
1. Texas Penal Code §7.02 (2023). Available from: https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.7&artSec=7.21
2. U.S. Constitution. Amendment IV. Available from: https://www.archives.gov/founding-docs/bill-of-rights-transcript.
