When two or more people agree to commit a crime and then take steps to carry it out it is a conspiracy. When one person commits a crime and another person helps that person by providing advice, money or support that is aiding. Aiding may also be charged when a person commits a crime, an then a second person helps them try to get away with it by housing them or giving money after the fact. The main difference between the crime of aiding and the crime of conspiracy is that in an aiding crime there is no agreement between the parties to try to commit the crime or make it happen.
“The law of homicide is quite wide enough to comprise ... those who have ‘procured, counseled, commanded or abetted’ the felony ... for it is colloquially said that he sufficiently kills who advises.” - United States v. Peoni, 100 F.2d 401, 402 (2d Cir. 1938)
How Is Aiding Defined?
Different states define aiding charges differently. But, in general, in order to prove the crime of aiding, the state must show that a person
- Has knowledge of the crime
- Either before or after the crime was committed
and that the person
- Assisted with the crime
- Through advice, action or financial support.
Conspiracy vs. Aiding
There is a very fine line between aiding and conspiracy. When you aid someone you do not have to agree to commit the crime like you do in a conspiracy. You also do not have to help plan the crime or take action to make sure the crime is committed. It could be that you provide assistance after the crime is committed. So although the crime of aiding is similar to conspiracy it is a separate and distinct crime.
What Are the Type of Defenses Against Aiding in a Crime?
The most common defenses available to an aiding charge include
Familial relations
In almost every state, it is a defense to the crime of aiding, abetting or accessory after the fact if you are assisting your mother, father, sister, brother or child AFTER they have committed a crime.
If you find out that your immediate family member has committed a crime, and you give them money or support or advice, most states will not charge you with a crime. The government realizes that family bonds are strong and that it puts the innocent in a bad situation to have to pick between turning their loved one into police or making sure they are provided for. BUT not every state has this as an available defense.
This defense is only available AFTER the fact. If you give them help before the crime is committed, and that help enables them to commit a crime you may not be protected.
Lack of knowledge
If you do not know that your money, advice or assistance is being used in connection with a crime, or you do not know a crime has been committed, you may have a defense.
Failure to assist
To be prosecuted for aiding, your assistance must help the crime. If you give someone money, support or advice, and it does not help the person committing the crime; or help the person evade police after the crime is committed you can have a defense to the charge.
What Type of Sentence Will I Receive if I Am Convicted?
In almost all jurisdictions aiding charges are classified as a felony. Usually aiding is a low level felony carrying the least amount of penalty allowed for by law. If the aid helped someone in committing a very serious crime, the State may ask for the maximum penalty available. The range of penalties can vary from probation to ten years in prison, depending on the jurisdiction in your state. In almost every case you will be prohibited from associating with the person you assisted.
Whether you are facing the minimum sentence or maximum sentence, aiding is a felony. A felony conviction can have serious impact on your life. If you are facing charges of aiding, abetting or accessory you should contact an experienced defense attorney immediately to discuss your available options and defenses.
