Tucson Aiding and Abetting Lawyer

Tucson Criminal Defense Attorney Explains Aiding and Abetting Laws

A person can be held criminally responsible for the actions of another person.  The most common way that a person can be criminally charged with the acts of another person, is when they knowingly assist another person in the commission of a crime.  Criminal law has long recognized that not all crimes are committed by a single actor, and seeks to punish all culpable participants.  In many cases, a minor participant in a crime faces the same punishment as the principal mastermind behind a crime.  When two or more people work together to commit a criminal act, the crime is often more sophisticated, more dangerous, and more likely to succeed.  This is why laws deal aiding and abetting quite harshly.  Providing assistance, promising to provide assistance, or even providing advice to someone knowing that they will violate the law is against the law.  Accomplice liability is a complex and important topic in criminal law.

Arizona law provides three different ways that a person can be accountable for the crimes of another person:

1. The person is made accountable for such conduct by the statute defining the offense; or
2. Acting with the culpable mental state sufficient for the commission of the offense, such person causes another person, whether or not such other person is capable of forming the culpable mental state, to engage in such conduct; or
3. The person is an accomplice of such other person in the commission of an offense including any offense that is a natural and probable or reasonably foreseeable consequence of the offense for which the person was an accomplice.
(A.R.S. 13-303)

The third of these deals with accomplice liability.  Notably, an accomplice need not know the precise crime that the principal will commit, so long as that crime is reasonably foreseeable.  For example, if a person drives another person to commit a robbery, and the robber ends up killing the clerk, the driver will also be charged with murder in most circumstances.  Accomplices who help another person commit a crime in any way, with knowledge that their assistance will aid or encourage the commission of the crime, makes the accomplice responsible for the same crimes as the principal.  With Arizona's very strict laws (see PRACTICE AREAS for specific crimes), obviously the penalties for accomplices are harsh as well.

Under Federal law, an aider or abettor will be punishable the same as a principal.  Federal law also recognizes a distinction between being an aider and abettor versus being an accessory after the fact, with the latter not taking on the character of the primary offense.  Due to harsh federal sentencing guidelines, being a small participant in a major crime can carry very serious consequences.  In Federal cases, it is imperative that your lawyer understands sentencing in and out and can help you avoid mandatory minimum sentences.  More information about FEDERAL CRIMINAL DEFENSE.

DEFENSES IN AIDING AND ABETTING CASES

• False Accusations - a co-defendant or informant might make a false accusation about a person's involvement in a crime for personal gain.  Discrediting false accusations is complex, and requires superb courtroom skills, and thorough investigation.
• Lack of Intent/Knowledge - it is not a crime to be an unwitting participant in a crime.  Providing assistance such as a ride, or other means to commit a crime will not be aiding and abetting without evidence of knowledge of the criminal purpose or intent that a crime be carried out.
• Mere Presence - "Guilt by association" as it is called is not enough evidence to convict a person of being an accomplice.  To charge a person of being an accomplice to a crime, the prosecution should be able to prove specific acts that further a crime, not just speculate that a person who was merely present was involved.
• Suppressing Evidence - In the event that the government relies upon evidence that was obtained in violation of a defendant's Fourth, Fifth, or Sixth Amendment rights may result in that evidence being excluded.  Suppression of evidence often results in a dismissal.
• Only an Accessory - if a defendant only helped the principal after the crime had been committed (and if there was not a prior understanding), then they are guilty of being an accessory after the fact, its own crime, instead of being guilty of the same charge as the principal.  This can be a dramatic difference in serious cases.

RELATED CHARGES
Attempt crimes, conspiracy, accessory after the fact, solicitation, and more.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A CRIME, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

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Arizona Aiding/Abetting Statute (ARS 13-303)
Pima County Superior Court
Tucson Criminal Defense Lawyer Practice Areas

Federal Aiding/Abetting Statute (18 USC 2)
Federal Courthouse - Tucson
Tucson Federal Criminal Defense Lawyer