Can a defendant be held liable for the natural and probable consequence of aiding and abetting or conspiring to commit an assault with a firearm?

California, United States of America


The following excerpt is from People v. Cruz, G045010, Super. Ct. No. 08CF0919 (Cal. App. 2012):

We have examined the entire record and found no arguable issue. There is substantial evidence supporting the jury's finding that defendant committed second degree murder. "[A] defendant may be held criminally responsible as an accomplice not only for the crime he or she intended to aid and abet (the target crime), but also for any other crime that is the 'natural and probable consequence' of the target crime." (People v. Prettyman (1996) 14 Cal.4th 248, 261; see also People v. Medina (2009) 46 Cal.4th 913, 919-923 [participant in gang fistfight can be held liable for murder perpetrated by fellow gang member during same fight based on natural and probable consequences doctrine].) The jury was entitled to find that the natural and probable consequence of aiding and abetting or conspiring to commit an assault with a firearm (Pen. Code, 245, subd. (a)(2)) was the death of the victim.

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