Penalty for aiding and abetting a felon

In all cases of aiding and abetting, it must be shown a crime has been committed, but not necessarily who committed it. History[ edit ] The first United States statute dealing with accessory liability was passed in , and made criminally liable those who should aid and assist, procure, command, counsel or advise murder or robbery on land or sea, or piracy at sea. This was broadened in to include any felony , and by it an accessory was anyone who counsels, advises or procures the crime.

These early statutes were repealed in , and supplanted by 18 U. Section 2 b was also added to make clear the legislative intent to punish as a principal not only one who directly commits an offense and one who "aids, abets, counsels, commands, induces or procures" another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States.

It removes all doubt that one who puts in motion or assists in the illegal enterprise or causes the commission of an indispensable element of the offense by an innocent agent or instrumentality is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense. Civil[ edit ] Aiding and abetting is also a legal theory of civil accessory liability. To prove accessory liability through "aiding and abetting," the plaintiffs must prove three elements: That Defendant B breached a duty to Plaintiff, the result of which injured Plaintiff; That Defendant A knowingly and substantially assisted Defendant B in breaching the duty; and That Defendant A was aware of its role in promoting the breach of duty at the time it provided assistance.

Section 8 of the Act, as amended, reads: Whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender. Section 10 states that the Act does not apply to Scotland. Upon seeing a liquor store Alex tells Bobby to pull the car over and to keep the car running because he is just going to get off and get something real quick.

When Alex returns to the car, Bobby drives off with no knowledge that Alex just robbed the liquor store. In this example it is unlikely that the prosecution can prove Bobby is guilty of robbery under an aiding and abetting theory because Bobby did not know that Alex had intended to commit the robbery. Defenses to Aiding and Abetting Withdrawal A person is not guilty of aiding and abetting in a crime if they withdraw before the crime is committed.

In order to properly withdraw a person must 1 notify all those involved in the crime that he or she is not participating in the crime; AND 2 they must do everything in their power to prevent the crime from being committed. Penalties A person who is convicted under an aiding and abetting theory faces the same penalties as the principal perpetrator. In a robbery case, like the example above, the aider and abettor will typically face anywhere from three to nine years in state prison, plus an additional 10 years for the gun enhancement.

Criminal Defense for Aiders and Abettors Being accused of aiding and abetting can lead to charges of very serious criminal offenses that can cause lifelong consequences for those convicted. As a result, if you or someone you know have been accused of aiding and abetting, it is critical that you meet with an experienced Los Angeles criminal defense attorney right away.

Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who has handled serious offenses of this nature as both a prosecutor and a defense attorney.

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