When Can I Be Charged With Aiding and Abetting?
California allows anyone who was “in on” the crime to be charged through its aiding and abetting laws. Also known as accomplice liability theory, aiding and abetting can generally be punished exactly as if you committed the crime yourself. There are typical roles that have historically led to aiding and abetting charges, such as being a getaway driver. However, there are a variety of scenarios that can end up jeopardizing your freedom under this expansive law.
The Definition of Aiding and Abetting in California
Helping another person to commit a crime is aiding and abetting. You are a criminal accomplice if you:
- Had knowledge of the criminal plan;
- Provided encouragement or facilitation towards the plan; and,
- Took some action that aided or promoted the commission of a crime.
In most cases, the aiding and abetting of a crime will occur before or after the crime itself. For example, you can be an accomplice to a home invasion if you scoped out the house the night before the break-in. However, a prosecutor does not need to prove that you planned some part of the crime to be guilty of aiding and abetting.
Aiding and Abetting Is the Same as Committing the Crime
There is not a separate charge of aiding and abetting in California. Instead, if law enforcement believes you were an accomplice to a crime, you will be charged with the crime committed itself. For example, in the classic scenario where you served as a getaway driver for a bank robbery, you will not face charges of aiding and abetting. Rather, you will face bank robbery charges and all the same possible punishments those charges carry.
The legal theory behind aiding and abetting punishment is that you were a crucial part of the commission of the crime. The getaway driver is as necessary to the bank robbery as the stick-up man. To determine whether you were a criminal accomplice, the factors investigated include:
- Whether you were actually at the scene of the crime;
- What you did before or after the crime was committed; and,
- The amount of aid or companionship provided to the perpetrator.
There are additional actions or conduct that could result in your criminal liability. All of the facts of the case are combined to determine whether you were a criminal accomplice.
Defenses To Aiding and Abetting Theory Charges
Just because you were at the scene of the crime, it does not mean you were an accomplice. Similarly, just because you knew about a crime before it happened does not mean you aided and abetted that crime. For example, if your roommate says he’s going to rob a bank, you would not be guilty if he then does rob a bank. However, if you drove him to the bank knowing he planned to rob it, you may be an accomplice. It is always a defense to charges based on aiding and abetting theory to say that you did not aid, encourage, or facilitate the commission of the crime in any way.
If you have been arrested as an accomplice in Orange, California, you will need a skilled criminal defense team on your side. Contact Chambers Law Firm today to set-up a free case evaluation by calling 714-760-4088 or emailing dchambers@clfca.com.
