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Back to Criminal Defense Attorneys Home | Aiding & Abetting

Aiding & Abetting

A criminal charge of aiding and abetting can be brought against anyone who has participated in the commissioning of a crime. Aiding and abetting liability usually involves three elements: 1) An underlying crime by a criminal offender; 2) Knowledge of a crime or an attempt to commit a crime; and 3) Assistance to the criminal offender. Aiding and Abetting charges can be brought against an accessory and/or an accomplice.

A person charged with accessory is usually not present when the crime occurs. However, he or she has knowledge of the crime before or after it happens. The type of involvement on behalf of the accessory may vary. The level of involvement will determine the criminal charges and may also elevate the charges to conspiracy, a larger offense.

An accomplice is a person who actively participates in the orchestration of a crime, even if they do not take part in the actual criminal offense. An accomplice and an accessory differ in that an accomplice is present at the actual crime scene while an accessory is not.

An accomplice may be charged with an offense even if the person committing the criminal act is not charged. In terms of the law, an accomplice is subject to the same amount of guilt as the person committing the crime. The accomplice is also subject to the same prosecution and punishment terms as the criminal offender.

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