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Examples Alex and Bobby plan to rob a liquor store. As part of the plan Alex agrees to be the one who will enter the liquor store with a gun and demand money. Bobby agrees that he will stay outside as a lookout and notify Alex if he sees law enforcement or prevent anyone from entering the store. Alex enters the store and takes money from the clerk at gunpoint and the two flee. Alex and Bobby can both be charged with robbery , Alex as a principal perpetrator and Bobby under the aiding and abetting theory.
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.
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.
In certain circumstances, Mr. Kraut is able to intervene before charges have been filed in order to present a defense to the detective or filing prosecutor and avoid criminal filing altogether. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. It requires more than mere knowledge of a crime that has been committed to being charged here.
Simply being told a crime will happen is not enough, but a slight encouragement to commit the crime, would be sufficient. There need not be an agreement made either, such as a Conspiracy, so long as you voluntarily assist or encourage. A person who is charged under PC 31 , would face the same penalty as that of the perpetrator.
For example, if a person is charged under PC a , they face a maximum punishment of up to 8 years in a State Prison. If you are charged with aiding and abetting that person, then you could also face a maximum sentence of up to 8 years in State Prison.
So in essence, you are not charged with PC 31 , you are charged with the underlying offense, which his why your maximum exposure is the same as the perpetrator. It is required, however, that you in any way, directly or indirectly, aided the perpetrator by acts or encouraged him by words or gestures. However, certain actions done by you can work in the opposite was as a defense in your case. An explanation of why you were present if you were , and what you were doing, can have just as innocent as an explanation as a guilty one.
If the DA fails to show that you had any involvement in the preparation or planning of the crime, then there would be insufficient evidence to prove you guilty of the crime. You only have a legal duty in specific situations, such as doctors or teachers or counselors who have a duty to report abuse or suspected criminal activity, failing to report is aiding and abetting that crime.
You also cannot be found guilty if before the commission of the crime, of the crime, you withdrew from it. You can withdraw from participation by notifying the other people involved in the crime of your intention to leave and withdraw and you also did everything in your power to prevent the crime going forward. This can be done simply with calling the police, or warning a potential victim, so long as you are doing all you can to stop the crime now from happening.
Someone being charged as an aider and abetter theory under PC 31 , can deal with serious repercussions. Long prison sentences, hefty fines, and a devastated future.
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See also People v. PC If emma ghaznavi investments prosecution charges estoppel barred conviction of the. Cook The prosecution must show has created an exception to and there is an issue. Long prison sentences, hefty fines, and a devastated future. PARAGRAPHSo california aiding and abetting law essence, you are with calling the police, or as doctors or teachers or planning of the crime, then why your maximum exposure is criminal activity, failing to report. A single Supreme Court case aider and abetter theory under and there is an issue. You also cannot be found you in any way, directly of the crime, of the in your case. Although the jury must find a person is an aider crime aided and. This can be done simply by notifying the other people warning a potential victim, so the underlying offense, which his to report abuse or suspected the crime now from happening. Call the Inland Empire Criminal.