The criminal defense attorneys at the San Diego Law Center are willing to fight the charges of aiding and abetting against you.

Assisting anyone commit a crime is defined as aiding and abetting in the state of California. California’s legal principle allows prosecution of everyone who is “in on” a crime. This means that even if you do not perpetrate the crime directly, you may still be responsible by association. Aiding and abetting laws assign criminal liability to anyone who encourages, facilitates, or aids in the commission of a crime, regardless of how miniscule the role may be. If you help another person commit a crime, prosecutors can charge you as an aider or abettor. The charges can include:

• Knowing the perpetrator’s illegal plans
• Intentionally facilitate and/or encourage the crime
• Instigate, aid, or promote the crime

Aiding and abetting does not require planned action, but can also be an instantaneous crime if you become aware that a crime is being committed and then decide to aid, promote, or facilitate. The jury may still find you guilty under an accomplice liability theory. Minor roles in a crime such as leaving a car engine running, driving the “get away” vehicle, or serving as a look out during a crime can lead to serious charges without a skilled criminal defense lawyer.

Although aiding and abetting may sound like a conspiracy crime, they are actually two separate offenses. The major difference is that conspiracy requires an agreement, where as aiding and abetting does not necessarily require consent.

Defenses

The San Diego Law Center practices legal defenses for persons charged of aiding or abetting. The defenses include:

• He/she did not encourage, aid or facilitate the crime's commission,
• falsely accused,
• withdrew from the criminal activity,
• was present at the crime scene, or had knowledge about the crime, but had no duty to try to prevent it from occurring,
• only facilitated the crime after it occurred (and should face, if anything, penalties as an accessory after the fact)

An “accessory after the fact” is when one assists him or her with avoiding or escaping arrest, trial, conviction, or sentencing after the crime has been committed. Accessories after the fact are viewed as “obstructers of justice.” The charge is considered a “wobbler” meaning the prosecutor can file it as a felony or misdemeanor. Conviction of an AATF results in one year in San Diego County jail for a misdemeanor or up to three years in California state prison for a felony, as well as fines up to $5,000.

Penalties

The criminal charges of an aider or abettor are typically the same as the direct perpetrator. The crime of aiding and abetting will face the same penalties of the actual committed crime only if convicted. For example, in the case of a murder trial, the aider or abettor is likely to be charged with the same penalties as the murderer.

If you or someone you know is being charged with aiding or abetting, call your respected San Diego criminal defense attorney Victor Orsatti at (619) 933-4688.