Aiding & Abetting in Criminal Law

One of the most vague aspects of criminal law is the concept of aiding and abetting. What does it mean to aid or abet, and what kind of consequences exist for those types of crimes?

Simply put, to aid or abet a crime is to assist in the commission of a crime. In most cases, someone who is guilty of aiding and abetting is not physically present when the crime is committed, but was aware that the crime would be committed before it actually happened.

For example, let’s say that Rita is having coffee with her friend Michael, and Michael tells her that he is planning to rob a 7-Eleven. Michael knows that Rita works for a 7-Eleven, and asks about security procedures. Rita tells Michael that there are security cameras in front of the cash register, but not in the back of the store, which allows Michael to rob the 7-Eleven.

Rita can be charged with aiding and abetting because she (1) Was aware that Michael was going to rob the 7-Eleven; and (2) She gave him information which allowed Michael to commit his crime.

The laws and punishments concerning aiding and abetting vary from state-to-state, but all states have laws against it. Just because you don’t participate in the commission of a crime doesn’t mean that you aren’t liable for your decision to assist the person who did commit the crime. Further, you can later be charged with obstruction of justice if you don’t admit your involvement to the police.

Aiding and abetting is not the same charge as conspiracy, which the “next step up”. Someone who is charged with conspiracy to commit a crime actually did something to further the commission of that crime. For example, if Rita had been working at the time of the robbery and had failed to call the police before she knew that Michael had a chance to get away, she could be charged with conspiracy to commit robbery. Aiding and abetting is more of a passive participation, and involves only knowledge of the crime or advice to the criminal.