Can a defendant be found guilty of a crime he does not personally commit if he aids and abets the actual perpetrator?

California, United States of America


The following excerpt is from People v. Libich, B298370 (Cal. App. 2021):

A defendant can be guilty of a crime he does not personally commit if he aids and abets the actual perpetratorand he may be guilty as an aider and abettor in two ways. A defendant acts as a direct aider and abettor if he, "(i) with knowledge of the unlawful purpose of the perpetrator, (ii) and with the intent or purpose of committing, facilitating or encouraging commission of the crime, (iii) by act or advice, aids, promotes, encourages or instigates the commission of the crime. [Citation.]" (People v. Cooper (1991) 53 Cal.3d 1158, 1164; 31.) In addition to being liable for crimes he intends to aid and abet (target crimes), a defendant may be convicted of any crime that was the natural

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and probable consequence of a target crime. (People v. Prettyman (1996) 14 Cal.4th 248, 261-262.)

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