California Aiding and Abetting Sentence
Defenses to Aiding and Abetting
Some possible defenses to aiding and abetting charges include:
- Lack of intent – The defendant did not know about the unlawful purpose of the crime or intend to facilitate its commission.
- No act of aid – The defendant did not perform any act that aided or encouraged the perpetrator to commit the crime.
- Withdrawal – The defendant withdrew from participation in the crime before it was committed and communicated that withdrawal to the perpetrator.
- Duress – The defendant only aided the crime due to an immediate threat of death or serious bodily injury.
An experienced criminal defense attorney can evaluate the evidence against you and determine if you have any viable defenses to being charged as an aider and abettor.
Notable Aiding and Abetting Cases
Here are some notable California cases involving aiding and abetting charges and convictions:
- People v. Beeman (1984) – The California Supreme Court held that an aider and abettor must act with knowledge of the criminal purpose of the perpetrator and with an intent or purpose either of committing, or of encouraging or facilitating commission of, the offense.
- People v. Prettyman (1996) – The California Supreme Court held that the liability of an aider and abettor extends also to the natural and reasonable consequences of the acts he knowingly and intentionally aids and encourages.
California Aiding and Abetting Sentence
In California, aiding and abetting a crime is itself a criminal offense. Aiding and abetting laws make it illegal to knowingly and intentionally assist someone else in committing a crime. This means you can face criminal charges even if you weren’t the main perpetrator of the offense. The punishment for aiding and abetting depends on the underlying crime that was committed. But in general, California views accomplices just as harshly as the actual perpetrators of a crime.
What is Aiding and Abetting?
Aiding and abetting refers to intentionally helping someone else commit a criminal offense. To be guilty, you must have knowledge that the other person intends to commit a crime, and you must specifically intend to assist them. This includes both physical assistance (like driving a getaway car) and encouragement or advice. Merely being present when a crime occurs or failing to report it usually isn’t enough to make you an accomplice.
Some examples of aiding and abetting include:
- Driving a friend to a drug deal and waiting for them in the car
- Acting as a lookout for someone who’s committing burglary or vandalism
- Providing information, supplies, or tools to help someone prepare for a crime
- Giving advice about how to avoid getting caught
In California, aiding and abetting charges can be filed in addition to the underlying criminal charges. Or prosecutors can file aiding and abetting charges alone if the main perpetrator isn’t known or apprehended. The punishment is usually the same as if you had personally committed the crime yourself.
Aiding and Abetting Sentences in California
California punishes aiding and abetting as a version of the underlying offense. So an accomplice to murder would face the same potential sentence – 25 years to life in prison – as the actual murderer. An accomplice to a misdemeanor would face up to 1 year in county jail. This is true even if you weren’t present when the crime occurred.
When it comes to sentencing, California judges have broad discretion to consider the specific circumstances of each case. Factors like your criminal history and degree of involvement can make a big difference. For example, a first-time offender who drove a getaway car might get a lighter sentence than the person who planned the whole crime. But in many cases, minimal participation still brings heavy punishment.
Some of the most common California charges for aiding and abetting include:
| Underlying Crime | Potential Sentence for Accomplice |
|---|---|
| Murder | 25 years to life in prison |
| Armed robbery | 3-9 years in prison |
| Assault with a deadly weapon | 2-4 years in prison |
| Burglary | 16 months – 3 years in prison |
| Petty theft | Fine up to $1,000 and/or 6 months in county jail |
As you can see, assisting with very serious felonies like murder, robbery, and assault brings years or even decades behind bars. Even small crimes like petty theft come with stiff fines and potential jail time as an accomplice.
Legal Defenses
Fighting aiding and abetting charges involves challenging the prosecution’s claim that you intentionally assisted with a crime. Some common defenses include:
- No knowledge – You didn’t know the other person intended to commit a crime, or didn’t know the full scope of their plans.
- No intent – You didn’t specifically intend to help the other person commit a crime. For example, you gave them a ride not knowing they planned to use your car in a robbery.
- Coercion – You only assisted because you were threatened or coerced by the main perpetrator.
- False accusations – The allegations against you are fabricated or mistaken.
To win at trial, the prosecution must prove beyond a reasonable doubt that you knew about the planned crime and intentionally assisted. Poking holes in their version of events or showing an innocent explanation can get the charges reduced or dismissed. An experienced California criminal defense lawyer can evaluate the evidence against you and build a strong defense.
Aiding and abetting is closely related to “accessory after the fact” and California’s felony murder rule.
Accessory After the Fact
This charge applies if you help a known felon after they commit a crime, like letting them hide out in your home or lending them your car. It doesn’t require prior knowledge or assistance with the actual crime itself. Accessory after the fact is a less serious charge than aiding and abetting.
Felony Murder Rule
In California, if someone dies during certain dangerous felonies like arson, rape, carjacking, robbery, burglary, and kidnapping, accomplices can be charged with first-degree murder. This applies even if you weren’t the killer and the death was accidental. Prosecutors may argue that the deadly outcome was a natural and probable consequence of committing the underlying felony.
Defendants face extremely long sentences under California’s felony murder rule. But experienced criminal defense lawyers can often negotiate reduced charges by arguing things like the death wasn’t foreseeable, or you played a minimal role and withdrew from the crime before it turned deadly.
Consult a Defense Lawyer
Accomplice liability is a complex area of criminal law with serious consequences if convicted. Don’t go it alone against experienced California prosecutors. An knowledgeable defense attorney can evaluate the evidence, identify weaknesses in the prosecution’s case, raise strong legal defenses, and negotiate for lesser charges or dismissal if possible. With an aggressive defense, many people accused of aiding and abetting walk away with only probation or reduced sentences.
Useful Resources
- California Aiding and Abetting Laws – Detailed explanations from top defense firm Shouse Law Group.
- CA Penal Code Section 31 – The state statute defining aiding and abetting liability.
- CALCRIM 401 – California jury instruction for aiding and abetting.
- CALCRIM 540 – California felony murder rule jury instruction.