When an offense occurs, law enforcement and prosecutors often strive to identify the perpetrator of the crime. Sometimes, the police extend their investigation into the people believed to have aided and abetted the commission of the offense. The prosecutor can also file a case against you if you served as an accessory and assisted a criminal after the fact. Cases involving aiding and abetting are often complicated. Seek the services of an experienced criminal attorney if you are accused of aiding and abetting a crime. The Leah Legal Criminal Defense Attorney can help you fight your charges and protect yourself from possible self-incrimination in xxx.

Aiding And Abetting Under California Law

Aiding and abetting is a legal doctrine that holds an individual criminally liable for facilitating, encouraging, or helping another person commit an offense. You will be considered a principal in the crime under Penal Code 31. This law treats the perpetrator and accomplices as equally responsible. For example, one person can plan a murder, and someone else acts as a lookout or provides tools despite knowing the perpetrator’s plan. In this situation, the second person will be guilty under Penal Code 31 even if he/she did not enter the scene of the crime. This law prevents people from avoiding liability by claiming they were not directly involved or were merely helping. Penal Code 31 recognizes that offenses often involve multiple people, each playing a role in executing the crime.

The Elements Of Aiding And Abetting A Crime

If the prosecutor accuses you of aiding and abetting a crime, he/she must prove these elements:

You Committed The Offense

The prosecutor must prove that you were the ‘’principal’’ in the alleged offense. The principal is the person who has firsthand knowledge of the crime. You cannot face the charges under Penal Code 31 if the offense never occurred. However, the principal does not need to be arrested, identified, or charged only because the offense occurred.

You Were Aware Of The Perpetrator’s Illegal Purpose

You can only face charges under Penal Code 31 if you had actual knowledge of the criminal intent of the principal offender. It is not sufficient to be suspicious or present. You must be aware that the offense is intended or being executed. The prosecutor can prove knowledge through circumstantial evidence, the suspect’s actions before or during the offense, and the suspect’s statements. For example, this element applies if you knew your friend planned to rob a store and you still helped.

You Intended To Aid, Facilitate, or Encourage The Offense

Intent is a mental state requirement. You must intend your actions to encourage or aid the commission of an offense. Mere presence or accidental help is not sufficient. There must be intent before or during the offense. Being aware of the offense does not mean intending to execute it. For example, you cannot be sentenced under PC 31 if you unknowingly drive another person to a place. However, you can be guilty under this law if you drive a person knowing he/she is planning a robbery and intending to help.

You Actually Aided, Encouraged, Promoted, or Instigated The Offense

You can only face charges under Penal Code 31 if you exhibited some behavior or engaged in some acts that triggered the commission of the offense. Aiding can be as follows:

• Physical assistance through serving as a lookout or providing tools
• Verbal encouragement by urging another person to commit an offense
• Being present and showing intent

Even a minor aid is sufficient if it helps to execute an offense.

Your Behavior Helped In Committing The Offense

The prosecutor must prove that your behavior or actions facilitated or helped the crime. Your assistance does not need to be vital. You will face charges under Penal Code 31 if you contribute in any way. The court will consider standing guard during a robbery as aiding.

Penalties For Aiding And Abetting An Offense

You will face penalties based on the underlying crime, as Penal Code 31 focuses on liability. A person will not face a reduced sentence just because he/she ‘’only helped’’. You will face penalties similar to those of the principal offender if you are charged under Penal Code 31. For example, different theft offenses will attract different penalties. A petty theft offense can result in a jail term of up to 6 months in a county jail. Grand theft could result in a jail term of up to 3 years.

Different assault offenses will similarly attract various penalties. Misdemeanor assault can attract a jail term that does not exceed six months in a county jail. On the other hand, felony assault could attract a jail term of over six years in a state prison. You could face a jail term of 2 to 9 years in a state prison if you aid in a robbery.

Sentence Enhancements

Sentence enhancements could significantly increase the punishment when Penal Code 31 applies. You will face a similar sentence to the main offender because this code treats you as a principal. In most situations, enhancements apply equally to aiders and abettors. Sentence enhancements are additional penalties to the initial sentence if certain factors exist. Some of these factors include the use of a weapon, serious injury to the victim, previous convictions, and gang involvement. The court can add several years to your initial jail term. Some of the sentence enhancements under Penal Code 31 include:

Firearm Enhancements

According to Penal Code 12022 and related statutes, you can face a jail term of three years, four years, or ten years if you use a firearm during a felony. The court could also impose on you an additional jail term of 10 years to 20 years or more if you discharge a gun. You will still face the same penalties even if you did not personally use the firearm. This will happen if the use was reasonably foreseeable and you were aware that the firearm would be used.

Great Bodily Injury

You can face an additional jail term of three to six years under Penal Code 12022.7 if the victim sustains serious injuries. This rule applies to the aider and abettor if the injury was natural and a probable result of the offense.

Gang Enhancements

You could face an additional jail term of two years to 15 years under Penal Code 186.22, depending on the crime. This is applicable if you committed the offense with the intent to promote gang activity or for the benefit of a gang.

Previous Conviction Enhancements

Previous serious felonies can result in an additional 5-year jail term under Penal Code 667. Strike priors can also double the jail term under this statute.

However, limits and exceptions exist on enhancements. Enhancements cannot apply if the offense was independent or unexpected. Similarly, you would not face a sentence enhancement if you were not aware of the aggravating factors. You will also not face a sentence enhancement if the enhancement law specifically requires personal use of a firearm. Enhancements like certain gun statutes require personal action, but not mere participation.

Probation

Probation works differently under Penal Code 31 because this statute treats the aider and abettor the same as direct perpetrators. You can be granted probation under this law, but not because of PC 31 itself. Qualification for probation depends on the alleged offense. The court will grant you probation if the alleged crime permits probation. You will be denied probation if the crime you committed restricts probation. The judge can grant you summary probation lasting one to three years if you are charged with a misdemeanor. You will not be required to meet the probation officer and undergo regular court check-ins.

You could be subject to felony probation lasting two to five years if you are charged with a felony. You will be supervised by a probation officer and required to follow strict reporting rules.

Penal Code 31 will significantly affect probation decisions because you are considered a principal in the offense. The judge often considers the following:

• The degree of your involvement in the offense
• Whether you encouraged or planned the violation
• The injuries the victim suffered, and
• Your criminal record

You could be denied probation or given stricter conditions even if you did not physically commit the act. The court can deny you probation if:

• You have prior felony convictions
• The victim sustained significant bodily injuries
• You used a firearm in committing the crime, and
• The offense was a violent or serious felony

The following are the common conditions of probation:

• Stay away from the victim
• Search conditions
• Enrolling for counseling
• Engaging in community service
• Payment of fines or restitution to the victim, and
• A jail term

It can be challenging to secure probation if you are facing a sentence enhancement. A firearm enhancement under Penal Code 12022 and a prior strike under Penal Code 667 will affect your eligibility for probation.

Parole

Parole is a supervised release from state prison after serving all or part of your jail term. The state parole system involves supervision and applies only to felony convictions that carry prison time. You will be put on parole after release if you were convicted under Penal Code 31.

The court can grant you parole if you are serving a determinate jail term of 2, 4, or 6 years. You must serve 50% or 85% of your sentence, and you will be required to appear before the Board of Parole Hearings if you are serving an indeterminate sentence of 15 years to life. The board will determine whether to release you on parole. Parole period will depend on the nature of the offense. Non-violent crimes can attract a parole period of one to two years. Violent or serious offenses can attract a parole of three years or more. Life sentences could attract lifetime parole.

The following are the common parole conditions:

• Electronic monitoring
• Stay-away orders from victims or locations
• Drug testing
• Avoiding new offenses
• Travel restrictions, and
• Regular check-ins with a parole officer

A sentence enhancement will also affect the period you served for a jail term before parole. It will also affect the severity of parole conditions. On the other hand, parole can be modified or extended if you violate the conditions of parole. Any violation can also attract an additional jail term after a re-arrest.

Felony Record And Penal Code 31

You could receive a felony record for aiding in offenses like fraud, drug trafficking, assault, burglary, and robbery. A felony conviction can make it hard for you to secure a job or a house and can result in the loss of your firearm rights. You will also lose your right to vote while incarcerated. The court can also order your deportation if you are a non-citizen. Additionally, sentence enhancements can make your felony record more serious.

The court can reduce your case to a misdemeanor under Penal Code 17(b) if your crime is a wobbler. Your charges can also be expunged under Penal Code 1203.4, but you must complete probation.

Defenses For Penal Code 31 Charges

The defenses you can present against your aiding and abetting charges include:

Insufficient Evidence

Lack of enough evidence is one of the most appropriate defenses to challenge your Penal Code 31 charges because the prosecutor carries the full burden of proof. The prosecutor must prove that you were aware that the offense would be committed. He/she must also prove that they intended to encourage or help in committing it. The court can drop your charges if the prosecutor fails to prove even one element. Your attorney can also allege that you were unaware of the offense and that you misunderstood the situation. You cannot face Penal Code 31 charges if there is no proof of knowledge.

Acted Under Duress

You can use duress as a defense to fight your Penal Code 31 charges if you only engaged in the offense because you were forced by coercion or threats. This defense can be valid if you were under immediate threat of harm or you believed the threat would be carried out. You can also present this defense if you had no reasonable way to escape. Duress can work by showing that your actions were not voluntary because PC 31 requires intentional participation. You can use surveillance footage, text messages or threats, and witness testimony to prove duress.

No Legal Duty To Act

The “no legal duty to act” defense is the best way to fight liability under Penal Code 31, particularly when the prosecutor tries to treat inaction as if it were criminal assistance. According to the law, you are not required to stop an offense or help prevent it. Failing to intervene or act does not make you guilty of aiding and abetting. You can only face charges under this law if the prosecutor proves that you actively facilitated, encouraged, or aided the offense. There must be some conduct or action, but not just presence or silence. Your charges could be dropped if your attorney convinces the court that you had no legal duty to act.

The Help Occurred After The Offense

Claiming that you offered help after the crime had been committed is a good way to fight liability under Penal Code 31. You can only be guilty under this law if you offered help before the offense or during the commission of the crime. If your involvement occurs only after the offense is over, you cannot be considered an aider and abettor.

You Are A Victim Of Mistaken Identity

You can allege that you were wrongly identified as the person who aided the commission of an offense if you are accused of violating Penal Code 31. The prosecutor must prove that you were actually the person involved in the offense. Some of the elements the prosecutor must prove include:

• Another person committed the offense
• You were aware of the unlawful purpose, and
• You willfully promoted, aided, or encouraged the offense

Mistaken identity can occur due to memory distortion, faulty surveillance, similar appearances, poor visibility, and eyewitness errors. You can prove mistaken identity by the following:

• Using expert testimony
• Alleging a lack of physical evidence
• Using surveillance or digital evidence
• Challenging eyewitness testimony, and
• Providing alibi evidence

The court will drop your charges if the above evidence convinces the judge.

Abandonment Defense

You can claim that you initially agreed to engage in a crime but later changed your mind and decided to withdraw before the offense was completed. However, you must prove the following for the abandonment defense to be valid:

• You took steps to stop the offense
• You communicated your withdrawal, and
• You withdrew before the offense was committed

Abandonment defense will not be admissible in court if:

• The offense happened because of your prior help
• You already offered substantial help that supported the offense
• You secretly withdrew but did not notify others
• You withdrew too late

Crimes That Can Be Charged Alongside Aiding And Abetting A Crime

The following are some of the offenses that can be charged instead of or alongside Penal Code 31:

Accessory After The Fact – Penal Code 32

You will face charges under Penal Code 32 if you help another person after they commit a felony, with the intent to help them avoid arrest, trial, or conviction. If the prosecutor accuses you of violating Penal Code 32, he/she must prove these elements:

• Someone else committed a felony
• You were aware that the person committed that felony
• You aided, concealed, or harbored the person
• You acted with the intent to assist the person avoid arrest, punishment, or trial

Violation of Penal Code 32 is often considered a wobbler. You could face the following penalties if the judge charges you with a misdemeanor:

• A fine that does not exceed $5,000, and
• A jail term that does not exceed one year

If the court charges you with a felony, you can face the following penalties:

• A fine that does not exceed $5,000, and
• A jail term of 16 months, two years, or three years in a county jail

However, you can present the following defenses against Penal 32 charges:

• Insufficient evidence
• You are a victim of a false accusation
• You had no intent to help the perpetrator escape
• You did not know that the person committed a felony

Resisting Arrest – Penal Code 148

It is a crime under Penal Code 148 for you to interfere with the police or emergency personnel while carrying out their duties. However, the prosecutor must prove the following elements if he/she accuses you of violating Penal Code 148:

• The police were carrying out their duties legally
• You were aware they were policemen
• You intentionally obstructed, delayed, or resisted them

Resisting can constitute the following:

• Providing false information that delays the police
• Interfering with the investigation
• Refusing lawful commands like stay back or stop
• Running away from the police
• Physically struggling with the police during arrest

You will face misdemeanor charges if you are guilty of violating Penal Code 148. This offense will attract the following penalties:

• Summary probation
• A fine that does not exceed $1000, and
• A jail term that does not exceed one year

Some of the defenses you can use to fight Penal Code 148 charges include:

• Self-defense
• You are a victim of a false accusation
• You had no intent
• It was an illegal arrest

Conspiracy – Penal Code 182

It is a crime under Penal Code 182 for two or more people to agree to commit an offense and take at least one step toward its execution. If the prosecutor accuses you of violating Penal Code 182, he/she must prove these elements:

• You, with another person,n agreed to commit a crime
• You intended to agree with another person to commit a crime
• At least one of you took a step toward committing the crime

You will face misdemeanor or felony charges if you violate PC 182 since the offense is a wobbler. Misdemeanor offenses can carry a jail term of 6 months to 1 year. Felony charges can attract a jail term ranging from a few years to life.

The defenses against PC 182 include:

• No intent
• False accusation, and
• No overt act

Find A Criminal Defense Attorney Near Me

You could face aiding and abetting charges under California law if you facilitate or encourage the commission of a crime. You only need to have known about the perpetrator’s criminal purpose. Aiding and abetting is a serious offense, and the associated penalties can be detrimental. If you or someone close to you faces charges under PC 31 in Los Angeles, Leah Legal Criminal Defense Attorney can help. Contact us at 213-444-7818 to speak to one of our attorneys.