PC §404 - AIDING AND ABETTING
CLASS A MISDEMEANOR
(a) Definition
Aiding and abetting is the act of knowingly assisting, facilitating, encouraging, or participating in the commission of a crime by another person, with the intent to promote or facilitate the commission of that crime.
(b) Elements of the Offense
The following elements must be met to constitute aiding and abetting:
The defendant knowingly assisted, facilitated, encouraged, or participated in the commission of a crime.
The defendant acted with the intent to promote or facilitate the commission of that crime.
The crime was actually committed by another person.
Types of Assistance
Aiding and abetting may include, but is not limited to, the following:
Providing assistance or support before, during, or after the commission of the crime.
Acting as a lookout, getaway driver, or providing tools or weapons for the commission of the crime.
Giving advice, encouragement, or instructions to the person committing the crime.
(c) Defenses
(a) It shall be a defense to a charge of aiding and abetting if the defendant can prove that they did not have knowledge of the criminal activity or did not intend to promote or facilitate the commission of the crime.
(b) Lack of intent to assist in the commission of the crime or absence of active participation may also serve as defenses if proven by the defendant.
(e) Aggravating Factors
Aggravating factors such as the defendant's prior knowledge of the criminal activity, their active participation in the planning or execution of the crime, or the severity of the crime committed may result in increased penalties as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
100 SECONDS OF JAIL TIME.
BOND SET
$10,000.00
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