Can a defendant be liable for assisting and abetting in the commission of a crime?

California, United States of America


The following excerpt is from People v. Long, 189 Cal.App.3d 77, 234 Cal.Rptr. 271 (Cal. App. 1987):

Defendant was a possible principal in the crime. Penal Code section 31 states in part: "All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, ... are principals in any crime so committed." Liability for aiding and abetting requires a person to aid or encourage the commission of a crime by act or advice with awareness of the perpetrator's purpose and with the intent of committing or at least facilitating the offense. (People v. Beeman (1984) 35 Cal.3d 547, 561, 199 Cal.Rptr. 60, 674 P.2d 1318.) Counseling the commission of a misdemeanor is itself a misdemeanor. (Pen.Code, 659.)

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