San Diego Criminal Lawyers Blog
If you are wondering if it is possible to be charged with a crime and imprisoned when you clearly did not commit that crime, you should know that, under certain circumstances, it most definitely is. That is because under California law, if you so much as encourage, assist, induce, or counsel someone else who does commit the crime, you could be found just as liable as the perpetrator. So, even if you are nowhere near the scene of the crime when it occurs, you could be found guilty of aiding and abetting and could receive the same sentence as the person who committed the crime. California’s laws are equivalent to federal law when it comes to aiding and abetting a crime, meaning you could be federally charged with the crime for helping the principal in their actions if it’s a federal offense.
Crime Elements
We are talking about a very serious charge. To be sure, there are specific components that must be proven in order for a prosecutor to get a guilty verdict:
- There was an underlying crime.
- The one aiding and abetting was aware that the intent was to commit the underlying crime.
- The one aiding and abetting had the intent to help the principal commit the crime in question.
- There was clear assistance/participation in the commission of the underlying criminal activity in the form of advice or the provision of some form of aid.
When a prosecutor proves beyond a reasonable doubt that someone knowingly contributed to making the criminal offense a successful undertaking, a guilty verdict could be forthcoming.
Examples
What are some examples of ways in which someone could aid and abet a crime and find themselves facing the same penalties as the person who actually committed the crime? Just a few examples include:
- Helping the criminal to cover up fraud;
- Enticing a victim into an area in order to allow someone else to assault the victim;
- Providing a weapon that one knows is intended to be used in the commission of a crime;
- Being a lookout while someone else robs a store;
- Receiving goods that you know are stolen;
- Driving a getaway vehicle after a bank robbery.
Being an Accessory After the Fact
What if someone provides assistance to a criminal after a crime has been committed? That could lead to criminal charges of being an accessory after the fact. Examples include:
- Disposing of evidence of a crime;
- Providing a false alibi to cover someone’s tracks;
- Allowing a criminal to hide from police in your home;
- Helping a criminal to escape by loaning them your car or giving them money;
- Making false statements to police.
Being Sorry is No Defense
You may regret having helped a criminal get away with their activities, but that’s not going to stop a prosecutor from going after you. Now, more than ever, you need a creative, knowledgeable, and experienced criminal defense attorney willing to go to bat for you. The dedicated criminal defense attorneys at Boertje & Associates will fight to achieve the best outcomes for you. To discuss this and other criminal defense questions, schedule a confidential consultation in our San Diego office today.