By Is aiding and abetting a felony or misdemeanor? Well, to find out more, let us know more about what aiding is and abetting as well. For starters, you do not have to fire a gun or rob banks to bear a serious offense charge. Crimes happen with more than one perpetrator, too.
Law dictates that encouragers and helpers are as guilty of the crime as the one committing it. This is what we call “aiding and abetting”. Many find that “aiding and abetting meaning” serves as the cornerstone to accomplice liability in criminal law.
The concept helps hold one accountable who helps a person commit an offense. Thus, they remain as culpable as the perpetrator who commits crime (primary offense). Therefore, those involved in criminal activity, directly or indirectly, must know the full scope and implications of aiding and abetting.
Legal Definition And Elements
How does the law explain aiding and abetting? It is a method by which the government can indict a defendant as a principal to the offense committed. According to the Justice Department, this is regardless of whether or not the defendant had not performed the physical act of the offense.
Federal law (18 U.S.C. § 2) says clearly that whoever aids and abets a federal offense is punishable as a principal.
Four Elements
To find a person guilty of aiding and abetting, the prosecutors generally must establish four fundamental elements:
1. Specific Intent
The defendant should have a specific intent to assist in the crime being committed by the principal. This means that the defendant should have intended that the crime would be successful, as per FindLaw.
2. Knowledge Of Principal’s Illegal Scheme
The defendant must have knowledge of the illegal scheme or plan of the principal in order to commit a crime.
3. Aid Or Encouragement
The defendant must perform some positive act, or give advice, to assist or encourage commission of the crime. Notably, mere presence at the scene will not be enough to demonstrate aiding and abetting.
4. Actual Commission Of Offense
The primary perpetrator must actually commit the underlying crime. One cannot aid and abet a crime that was never actually committed.
Difference Between Aiding And Abetting
Although together, “aiding” and “abetting” meaning stands different under common law, we use it together in context of contemporary statutes.
Aiding
This helps or assists another. It does not have to be criminal in and of itself.
For instance, providing a perfectly legitimate tool to someone, knowing he or she will use it to break into a house. This is a classic case of aiding and abetting.
Abetting
Assisting or encouraging the crime. This involves mental support, or even a slight word of advice or encouragement to the perpetrator.
When proving charges against one for aiding and abetting, the prosecution will prove that they assisted or encouraged the perpetrator with criminal intent.
Common Examples Of Aiding And Abetting
The line between just being present and aiding- abetting is blurry. However, a few tried-and-true examples include ones that prove involvement beyond accomplice liability.
Getaway Car Driving
A getaway driver abandoning a car outside a bank. They are aware that the passengers are robbing the bank. This is a clear case of aiding- abetting robbery.
Becoming A Lookout
Being a lookout to alert the principal offender about the police or witnesses constitutes aiding.
Provdindo Armas Ou Ferramentas
This Portuguese phrase best describes the concept of providing a tool to someone to carry out the crime. This is a case of aiding and abetting. However, the supplier has to carry out the acts “knowingly” and “wilfully”.
Provision Of False Alibis Or Concealment Of Evidence
Giving a false alibi after a crime was committed is normally accessory after the fact. But if you agree in advance to lying or giving cover, that creates evidence that you had the intent to help the criminal. That makes you liable for aiding and abetting the initial crime itself.
Legal Consequences And Penalties
One of the biggest questions that people have is whether or not aiding and abetting is a misdemeanor or a felony. The answer to that is that it is whatever the crime that the principal was involved in was.
Equality Of Punishment
Under federal law (and almost all state laws), a person convicted of aiding and abetting is punished similarly to a principal.
Therefore, this puts you on the same level as receiving the same maximum jail time, fines, penalties, and criminal record as the perpetrator of the crime itself.
According to Accomplices, Aiding and Abetting, and the Like: An Overview of 18 U.S.C. § 2, this is how it works:
“This is the work of 18 U.S.C. § 2, which visits the same consequences on anyone who orders or intentionally assists in the commission of a federal crime.
Aiding and abetting means assisting in the commission of someone else’s crime. Section 2(a) demands that the defendant embrace the crime of another and consciously do something to contribute to its success.”
Felony Or Misdemeanor
The aiding and abetting charge will be a felony, usually years in prison, if the underlying crime is a felony. If the underlying crime is a misdemeanor, the charge will be a misdemeanor.
New Cases
Aiding and abetting charges have become run-of-the-mill fare in a wide range of cases from public corruption conspiracies to narcotics trafficking. For example, a former transit police officer recently was convicted of aiding and abetting the making of a false report (FBI).
Prosecutors also often use the statute of aiding-abetting to charge those who had provided financial or logistical support to the main perpetrators in fraud cases.
Read Also: Why Judicial Restraint Still Matters in America’s Courts?
Defenses To Aiding And Abetting Crimes
If you are charged with aiding and abetting, there are many defenses. A good defense strategy attacks one or more of the requirements for the crime:
Lack Of Knowledge Or Intent
This is the most common defense. You report that you didn’t know the principal would be committing a crime or, even cooperating with him, you lacked the definite intent to further the crime’s success.
A good example of this is lending your car without knowing it would be used as a getaway car.
Withdrawal From The Crime
Justia states that you must demonstrate that you withdrew in good time and sufficiently from the criminal activity and attempted to renounce your past facilitation before the commission of the crime.
Inadequate Proof Of Aid
You can argue that what you did, was short of the active abetting-aiding the law requires. The Supreme Court made its position on active participation in Rosemond v. United States (2014).
International Perspectives On Aiding And Abetting
Even though the required elements are similar, different systems of law deal with aiding and abetting slightly differently.
United Kingdom
UK law maintains a defendant-focused distinction between “principals” and “accessories.” Therefore, an accessory who aids and encourages a crime is usually liable for the same crime as the principal.
International Criminal Law
The concept of aiding and abetting constitutes a major part of prosecuting war crimes, genocide, and crimes against humanity.
The international court aid and abet test has the potential to target the contribution being substantive and having some impact on the commission of the crime.
Thus, The Guardian states that the International Criminal Court (ICC) has been asked to take note of recent global conflicts.
Read Also: Parol Evidence Rule In Contract Law: Your ULTIMATE Guide
Aiding Abetting Laws – Frequently Asked Questions (FAQs):
In criminal law, one can always be concerned about when their conduct crosses the line and into aiding and abetting. Some of the FAQs below answer vital questions and throw light on issues faced by US citizens.
A: The degree of the charge hinges directly on the underlying crime. If the principal had committed a felony (e.g., robbery or murder), then the aiding and abetting charge is also a felony, which can be punished with the same level of sentencing. If the principal had committed a misdemeanor, the charge is a misdemeanor.
A: Yes. Federal law today and the law of most states no longer obligate the prosecution to secure a conviction against the principal for the purpose of convicting the defendant of aiding abetting. All you need to prove is that the principal did in fact commit the crime.
A: You must demonstrate beyond reasonable doubt that you had knowledge of the scheme of the crime and the intent to assist the crime to succeed, and that you took a voluntary act to aid or facilitate it.
A: Not necessarily. If you pick up a person without knowing anything about their criminal act, you’re only a clueless service provider. But if you have reason to believe that they are about to commit the crime of a drug sale and you transport them with the purpose to aid in the crime, then you’re guilty of aiding and abetting.
A: Yes, giving advice or encouragement, indeed specialist advice which facilitates the crime, can form the “abetting” component. The important thing is you have to have advised with the intention of making the criminal action successful.
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