Helping a Criminal – Crime Or Not?
When most people think about crime, they think about the criminal – the person who commits the act. But what about the people who help criminals? Are they just as guilty? While it may seem obvious in some instances, that isn’t always the case. There is plenty of nuances when it comes to the law and if you are ever unsure, it’s best to trust the authorities and seek sound legal counsel. So, is aiding and abetting a crime?
It depends. Aiding and abetting is when someone helps another person commit a crime – usually by giving them advice, money, or some other form of support. It can also be referred to as “accessory” or “complicity.” To be charged with aiding and abetting, the prosecutor must prove that you had knowledge that a crime was being committed and that you intended to help.
For example, if you drive your friend to a bank so they can rob it, you can be charged with aiding and abetting robbery. However, if you didn’t know your friend was going to rob the bank, and they didn’t tell you, then you can’t be charged. If the prosecutor can’t prove that you had knowledge or intent, then you can’t be charged with aiding and abetting.
In this blog post, we will discuss further what aiding and abetting are and when it is a crime. We will also look at how to cooperate as a crime witness and what to do after you know about or witness a crime. So keep reading to learn more!
Why It Is Called Aiding and Abetting
The term “aiding and abetting” comes from English common law. At the time, there was no specific statute that made it a crime to help someone commit a crime. So, the courts used the term “aiding and abetting” to describe when someone helped another person commit a crime.
Over time, statutes were enacted that made it a crime to help someone commit a specific crime. For example, there are now statutes that make it a crime to help someone commit robbery, murder, or burglary. However, the term “aiding and abetting” is still used in many states. It is also used in federal criminal law. Aiding means to help or assist. Abetting means to encourage or incite. So, when you put the two together, aiding and abetting means helping or assisting in the commission of a crime. And regardless if the help was big or small, if you knowingly and intentionally help someone commit a crime, you can be charged with aiding and abetting.
When Is Aiding and Abetting a Crime?
As we mentioned before, aiding and abetting is only a crime if the prosecutor can prove that you had knowledge that a crime was being committed and that you intended to help. If the prosecutor can’t prove one of those two things, then you can’t be charged with aiding and abetting. It’s important to seek sound legal counsel if you are being accused of aiding and abetting a crime.
For example, let’s say that John is laundering money for a drug dealer. Mary knows about it and decides to help John by keeping the books for the drug dealer. In this instance, Mary can be charged with aiding and abetting money laundering because she had knowledge that a crime was being committed and she intended to help John.
On the other hand, let’s say that John is laundering money for a drug dealer and Mary didn’t know about it. However, she finds out about it after the fact. In this instance, Mary can’t be charged with aiding and abetting because she didn’t have knowledge of the crime beforehand.
What Are the Penalties For Aiding and Abetting?
The penalties for aiding and abetting vary depending on the severity of the crime. For example, if you help someone commit a felony, you can be charged with a felony as well. The same goes for misdemeanors. If you help someone commit a misdemeanor, you can be charged with a misdemeanor.
In some states, the penalties for aiding and abetting are the same as the penalties for the underlying crime. So, if you help someone commit murder, you can be charged with murder and face the same penalties.
In other states, the penalties for aiding and abetting are less severe than the underlying crime. For example, let’s say that you help someone commit robbery. In this instance, you can be charged with a lower-level offense, such as attempted robbery.
It is important to note that even if you are only charged with aiding and abetting, you can still face serious penalties. For example, if you are charged with aiding and abetting robbery, you can be sentenced to up to 20 years in prison.
Difference Between Aiding and Abetting and Witnessing
The main difference between aiding and abetting a crime and just being a witness to one is that witnesses don’t usually have any prior knowledge that the crime is going to be committed. They also don’t do anything to help the criminal carry out the act.
On the other hand, people who aid and abet criminals usually have some sort of relationship with the criminal. They may be friends, family, or acquaintances. And they usually help the criminal carry out the act by giving them advice, money, or some other form of support.
This is why it is imperative that you report knowledge of a crime to the authorities as soon as know about it. Even if you aren’t sure of all the details, it is better to be safe than possibly be accused of aiding, abetting, or drawing out a crime.
Steps To Take If You Have Witnessed a Crime
If you have witnessed a crime, there are a few simple steps you should take.
- First, it is important that you try to stay calm and ensure that you are safe. This can be difficult, especially if the crime was violent or if you know the victim. However, it is important to remember that your safety comes first.
- Second, you should try to get as much information about the criminal as possible. This includes their appearance, any distinguishing features, and what they were wearing.
- Third, you should call the police as soon as possible and give them a detailed report of what happened. It is important to be as honest and accurate as possible.
- Fourth, if you are concerned about your role in regard to the crime, you may want to contact an attorney and seek sound legal counsel.
- Lastly, you should cooperate with the police during their investigation. This includes giving them a statement, if asked, and attending any court hearings that may take place.
Aiding and abetting a crime is a serious offense that can have major consequences. If you have any knowledge of a crime, it is important that you report it to the authorities as soon as possible.
By following these simple steps, you can help keep your community safe and potentially prevent future crimes from happening.
The Bottom Line
To conclude, aiding and abetting a crime is a serious offense that can lead to major consequences. Sometimes even small acts of assistance can result in criminal charges. Even if it’s a family member or friend that is wanting your help in committing a crime, it’s not worth the risk. If you have any knowledge of a crime, report it to the authorities as soon as possible. And if you witness a crime, follow the steps outlined above. Doing so will help keep you and your community safe. We hope this article was helpful to you, thanks for reading!
Related Questions
What if I don’t report a crime I witnessed because I’m afraid of retaliation?
If you don’t report a crime because you’re afraid of retaliation, it’s important to find a safe place to stay and then contact the police. It’s important to remember that the police are there to protect you and can take steps to ensure your safety.
How can I prove that I was just a witness to a crime?
If you have been accused of aiding and abetting a crime, but you were just a witness to it, there are a few things you can do to prove your innocence.
- First, try to gather as much evidence as possible. This can include photos, videos, or eyewitness accounts.
- Second, be honest and cooperative with the police during their investigation. This includes giving them a statement, if asked, and attending any court hearings that may take place.
- Lastly, you may want to contact an attorney and seek sound legal counsel. They can help you navigate the legal system and ensure that your rights are protected.
What if I’m being accused of a crime I didn’t commit?
If you have been accused of a crime you didn’t commit, it’s important to remain calm and contact an attorney as soon as possible. They can help you navigate the legal system and ensure that your rights are protected. It’s also important to be honest and cooperative with the police during their investigation.
