What is Aiding and Abetting?
Aiding and Abetting is classified as the criminal act including any nature of assistance offered by an individual or individuals to another individual or entity in order to engage in criminal activity. Aiding and Abetting is considered to be a broad topic within the legal scope of criminal law, and as a result, a variety of applicable subgenres exist in order to quantify punitive recourse and sentencing.
Aiding vs. Abetting
Aiding and Abetting, while similar, are not analogous. A primary distinction exists between the two terms. However, the concept of Aiding and Abetting typically implies that the aider or abettor were not present at the time of the crime:
Aiding in the form of co-conspiracy, criminal assistance, or operative planning is classified by the active participation in the arrangement of the crime itself.
Abetting in the form of the provision of a falsified alibi or the harboring of a criminal is classified by the absence of prior knowledge of the crime in question, yet hindering criminal investigation on the part of law enforcement.
Aiding and Abetting Offense Profile
Legal Jurisdiction: Criminal Law; Aiding and Abetting can be supplementary to virtually any type of crime
Type of Crime: Misdemeanor or Felony – varies upon the nature of the crime
Criminal Code: Varies upon the location of the crime, including the applicable country, nation, state, or province
Range of Punishment(s): Fines, probation, associated penalties, or incarceration – varies upon case details and the level of participation
Applicable Punishment(s): Varies upon individual intent, criminal record, criminal history, and the victim(s) involved. The level of participation latent in the Aiding and Abetting offense is typically analogous with the severity of the sentencing. In certain cases those aiding or abetting convicted criminals may share sentencing with the convicted criminal subsequent to a guilty verdict.
Aiding and Abetting Allegations: Terminology and Associated Offenses
The following are commonly associated with charges of Aiding and Abetting:
Conspiracy: The involvement and participation of two or more individuals with regard to the creation and arrangement of a plan to commit a crime. An individual charged with conspiracy does not necessarily need to be at the scene of the crime to be found guilty.
Harboring a Criminal: The illegal, deliberate, and unlawful act of concealing the whereabouts of an individual suspected of a crime, which ultimately results in the hindering of applicable criminal investigation.
Alibi: Testimony with regard to the location of an individual suspected of a crime concurrent with the alleged time in which the crime took place. Alibis can provide for proof that an individual was elsewhere while the criminal event that took place, possibly resulting in an acquittal.
False Testimony: Fallacious testimony submitted while under oath during a trial. This is considered perjury.
Liability: The level of individual and respective accountability or responsibility with regard to an event or activity.
Arrest Process for Aiding and Abetting
Individuals who have been served documentation in the form of an arrest warrant displaying an Aiding and Abetting charge, or have already been arrested by law enforcement agents, are encouraged to cooperate with the arresting officers regardless of personal belief with regard to the charges. Individuals under arrest will be given the opportunity to consult with legal specialists subsequent to the arrest process. Resisting or fleeing from an Aiding and Abetting arrest can result in harm, injury, and additional penalties.
The Preparation of an Aiding and Abetting Defense
Individuals are encouraged to consult with attorneys specializing in criminal law and, if possible, those who focus on criminal law, as well as the applicable specialty applicable to the nature of the crime in question