Aiding and abetting a known criminal

Under different state laws, aiding and abetting and accessory vary greatly regarding their definition. Depending on the action of the crime, the participation could elevate to a conspiracy crime. In criminal law, it is necessary to distinguish between the accessory and the principal. The principal is the person who is responsible for a particular crime. Under most legal jurisdictions, the person or persons charged with aiding and abetting or accessory are not directly involved with the crime that is committed.

They are usually not present when the crime occurred. If two or more people are directly responsible, they can be charged as joint principals. There are three elements to most aiding and abetting charges against an individual. The first is that another person committed the crime. Second, the individual being charged had knowledge of the crime or the principals' intent.

Third, the individual provided some form of assistance to the principal. An accessory in legal terms is typically defined as a person who assists in the commission of a crime committed by another or others. In most cases, a person charged with aiding and abetting or accessory has knowledge of the crime either before or after its occurrence. A person who is aware of a crime before it occurs, and who gives some form of aid to those committing the crime, is known in legal terms as an accessory before the fact.

He or she may assist through advice, actions, or monetary support. A person who is unaware of the crime before it takes place, but who helps in the aftermath of the crime, is referred to as an accessory after the fact. First, someone else must have committed a crime.

Second, the defendant must have assisted that person in the commission of the crime. An individual will not be found guilty for accidentally assisting in a crime. For instance, if a man knows that his friends have committed a crime and are trying to escape and he causes an accident in order to allow them to get away from the police, this could be aiding and abetting. However, if the same man is involved in an accident that allows burglars to get away from the police, but he has no knowledge of the burglary or the effect his accident would have, he cannot be charged with aiding and abetting.

An accessory to a crime can have knowledge of criminal intent before, or after, the commission of the crime. A person may provide advice, supplies, financial support, or engage in actions such as acting as a lookout or driving the getaway car. Where the assistance the accessory provides rises to the level of significant involvement in planning the crime, this can elevate the charge from aiding and abetting to conspiracy.

Punishment In most states, accessories face lesser punishment than principals for crimes that are committed.

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