Aiding and abetting is the charge someone will face if they help someone to commit a crime or covers up a crime. In some cases, someone can be charged if they aid or abet a suicide.
Criminal Aiding and Abetting
Aiding and abetting is a charge given to someone who has assisted the crime in some way. It is a very different charge from accessory after the fact. Aiding and abetting require the defendant to take some action that helped the crime be successful.
The definition of aiding and abetting as written in the United States Code Section 2 Title 18 is very broad to cover a range of crimes and actions that assist a crime.
Aiding and abetting must be considered in the context of the crime. The prosecutor must show that a crime has been committed and that the defendant willingly assisted the criminal venture, and their actions showed that they wanted the crime to succeed. There have been instances where a defendant has been convicted of aiding and abetting when the person being charged for the crime in question has been found not guilty.
Legal Requirements of Criminal Aiding and Abetting
The prosecutor must prove the following three elements were present in order to get an aiding and abetting conviction:
- Someone other than the defendant committed a crime
- The defendant assisted the crime in some way
- The defendant had knowledge of the criminal intent either before or after the crime was committed.
Civil Aiding and Abetting
Someone can be charged for aiding and abetting in a civil liability case. The plaintiff must prove the following three elements:
- Defendant 1 injured the plaintiff through a breach of duty.
- Defendant 2 (the one being charged with aiding and abetting) knew that Defendant 1 breached a duty and assisted them.
- Defendant 2 was aware that their actions helped Defendant 1 in the breach of duty.
Is Aiding and Abetting a Serious Crime?
Yes, aiding and abetting and accessory charges are serious business, and you need to speak to a criminal defense attorney if you are facing aiding and abetting crimes. An aiding and abetting charge might carry large fines or even some prison time.
Aiding and Abetting Penalties
If you are convicted of aiding and abetting or accessory after the fact, you may face one of the following penalties:
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- Misdemeanor – up to a year in jail and a fine of up to $5,000
- Felony – up to three years in jail and a fine
The penalties and charges of felony vs. misdemeanor will depend on the circumstances and how serious the crime is. The court will also take into account how much the assistance helped the crime.