Aiding & Abetting

Generally speaking, a person can be found guilty of a crime in one of two ways. First, he or she may have directly committed the crime. Second, he or she may have aided and abetted someone else who committed the crime. A person is equally guilty of a crime whether they committed it personally or aided and abetted the actual perpetrator. To prove that a defendant is guilty of intentionally aiding and abetting a crime, the prosecution must prove that:
(1) the perpetrator committed the crime,
(2) the defendant knew the perpetrator intended to commit the crime,
(3) before or during the commission of the crime, the defendant intended to aid and abet the perpetrator committing the crime, AND
(4) the defendant’s words or conduct did in fact aid and abet the perpetrator’s commission of the crime.

Someone aids and abets a crime if he or she knows of the unlawful purpose and he or she specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the perpetrator’s commission of that crime. It is important to note however, that a person’s presence at the scene of a crime, or failure to prevent the crime, does not, by itself, make him or her an aider or abettor. A person can withdraw before a crime is committed by doing two things:
(1) notifying everyone he or she knows is involved in the commission of the crime that he or she is no longer participating (this notification must be made early enough to prevent the commission of the crime), AND
(2) he or she must do everything reasonably within his or her power to prevent the crime from being committed. He or she does not have to actually prevent the crime. (CALCRIM Nos. 400, 401; Cal. Penal Code §§30, 31).

There are numerous ways in which the prosecution can charge a person with aiding and abetting a crime. The specific crime charged will depend on the facts and circumstances of each case and the prosecution’s theory of the case. The elements explained above are intended to provide general information regarding some of the most common issues presented in aiding and abetting cases.

If you or someone you love has been charged with aiding and abetting any crime, call The Scranton Law Firm and speak with one of our experienced California criminal defense attorneys today. Consultations are always free!