CALIFORNIA CRIMINAL LAWYERS

The Crime of Aiding And Abetting In Los Angeles

Understanding Aiding and Abetting in Los Angeles: Definition, Elements, Prosecution, Punishment and Legal Defenses

In the state of California, aiding and abetting is a criminal offense. It is when a person facilitates, encourages, or assists in the commission of a crime. This means when someone in Los Angeles provides any sort of support to individuals committing a crime, they are guilty of breaking the law of aiding and abetting. The legal definition of aiding and abetting in California covers misdemeanor as well as felony offenses. It gives criminal liability to any individual who helps, aids or facilitates the commission of a crime.

Legal Definition

Under California Penal Code Section 31, aiding and abetting is when one person aids or abets individuals involved in the commission of a crime. This makes them involved as principals in any crime where they are found guilty of aiding and abetting. Accomplice liability is also regarded as aiding and abetting and is not a separate offense. The state of California prosecutes all individuals involved in the commission of a crime, even if they did not directly participate in the criminal activity.

Elements of Aiding and Abetting

For a prosecutor to obtain a conviction in a case of aiding and abetting, they have to establish that the defendant did act, encourage, aid, and promote the commission of a crime. It must be shown that the defendant’s goal was to intentionally facilitate or encourage criminal activity. A person can be identified as an accessory before the fact, which means that he/she aided in the planning or inspired committing a crime before it occurred. They can also be considered an accomplice when they actively participate in the commission of a crime, but not the actual criminal offense. For instance, if a person drives a getaway car and more.

Prosecution

To obtain a conviction in a case of aiding and abetting, a prosecutor needs to prove beyond a reasonable doubt that the defendant had knowledge the perpetrator had the intention to commit a crime. The prosecutor must also show that the defendant had the intention to assist, aid or encourage the perpetrator before or during the crime. The prosecutor will determine if someone is an accessory or a primary participant by examining if the defendant independently made a contribution to the crime directly or indirectly, as well as encouraged or provided limited assistance.

Punishment

When a person is found guilty of aiding and abetting, they often receive the same punishment as the perpetrators of the crime. In some situations, if the crime involves a homicide, the person found guilty of aiding and abetting will have even more liability than the person who committed the homicide. If an individual is found guilty of aiding and abetting after a crime has been committed, with the intent of helping them avoid being arrested and prosecuted, they can be charged as an accessory after the fact. Depending on a person’s criminal history, they could face a fine of up to $5,000, and for a misdemeanor, receive a year in a California state prison. They could spend up to three years in jail for a felony.

Legal Defenses

There are several legal defenses that a person accused of aiding and abetting can use. One of which is that they did not instigate, encourage, or aid the commission of a crime. Their participation is misinterpreted. It is possible that the defendant was forced against their will to assist someone committing a crime. This could result from a threat of bodily injury or death to the defendant or someone close to them. Another legal defense is when a defendant was charged because of a false accusation by the perpetrator. A defendant may also have no duty to act. In most situations, if a defendant knows a crime is going to be committed, or is present when it happens, it does not mean they have an obligation to prevent it.

Legal Help

When a person is accused of aiding and abetting, they need to understand their legal rights. This is a time to speak with an experienced attorney and get a legal professional’s understanding of the situation. An experienced lawyer can provide advice and guidance on legal defenses or other strategies to reduce, dismiss or negotiate the charges.

Table 1: Elements of Aiding and Abetting

| Prosecutor needs to prove that the defendant – | Example |
| — | — |
| Acted | Provided support to individuals committing the crime |
| Encouraged | Influenced them to commit the crime |
| Aided | Facilitated the commission of a crime |
| Promoted | Encouraged or helped criminal activity |

Table 2: Legal Defenses Against Aiding and Abetting

| Legal Defense | Example |
| — | — |
| Defendant did not instigate, encourage or aid | Defendant was unaware that their participation is assisting in the commission of the crime |
| Forced against their will | Defendant helped to commit the crime due to a threat of bodily harm or death to the defendant or someone close to them |
| False accusation by perpetrator | Defendant was charged because of a false accusation by the perpetrator |
| No duty to act | Defendant was present but did not have an obligation to prevent the crime from happening |

Conclusion

Aiding and abetting is a criminal offense in Los Angeles, California. It is when a person intentionally encourages or facilitates the commission of a crime. The elements a prosecutor needs to prove and the possible legal defenses available to someone accused of aiding and abetting are discussed in this article. When facing charges of aiding and abetting, it is essential to speak to an experienced attorney who can help ensure that your legal rights are protected.