Can a defendant be found guilty of "aider-abettor liability" for assisting and abetting a crime?

California, United States of America


The following excerpt is from People v. Lockett, B256242 (Cal. App. 2015):

"Aider-abettor liability exists when a person who does not directly commit a crime assists the direct perpetrator by aid or encouragement, with knowledge of the perpetrator's criminal intent and with the intent to help him carry out the offense. [Citation.] '[W]hile mere presence at the scene of an offense is not sufficient in itself to sustain a conviction, it is a circumstance which will tend to support a finding that an accused was a principal. [Citations.]' [Citation.] ' "[C]ompanionship, and conduct before and after the offense" ' are also relevant to determining whether a defendant aided and abetted a crime. [Citations.]" (People v. Miranda (2011) 192 Cal.App.4th 398, 407.)

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