Can a defendant convicted as an aider and abettor under a natural and probable consequences theory be found guilty of a lesser crime of second degree murder?

California, United States of America


The following excerpt is from People v. Lopez, No. G040350 (Cal. App. 4/20/2010), No. G040350. (Cal. App. 2010):

In addition, other cases have held a defendant convicted as an aider and abettor under a natural and probable consequences theory is entitled to have the jury instructed he or she may be found guilty of a lesser crime than the perpetrator of the charged offense. People v. Woods (1992) 8 Cal.App.4th 1570 found the trial court erred when it expressly instructed the jury that a defendant charged with first degree murder for an accomplice's intentional shooting of an innocent bystander as they fled from an armed assault and theft could not be found guilty of the lesser crime of second degree murder. After extensively reviewing the history of the common law principle that one who aids and abets another in committing a crime can be found guilty of any reasonably foreseeable offense committed by the person assisted (id. at pp. 1581-1586), the court ruled "[w]hile the perpetrator is liable for all of his or her criminal acts, the aider and abettor is liable vicariously only for those crimes committed by the perpetrator which were reasonably foreseeable under the circumstances. Accordingly, an aider and abettor may be found guilty of crimes committed by the perpetrator which are less serious than the gravest offense the perpetrator commits . . . ." (Id. at pp. 1586-1587.)

Other Questions


In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Can a jury rely on the natural and probable consequences doctrine to find a defendant guilty in 1 for first degree premeditated murder as an aider and abettor? (California, United States of America)
What is the test for a defendant convicted of first degree murder as an aider and abettor under the natural and probable consequences doctrine? (California, United States of America)
Does section 31 of the California Criminal Code permit an aider and abettor to be convicted of a lesser crime or lesser degree of crime than the ultimate crime committed by the perpetrator? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
Is a defendant's argument that he is not guilty of the crime of second degree murder of a fetus challenge his guilt of second-degree murder? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
What is the test for a jury to convict appellant of second degree murder based solely on evidence of the crime of second-degree murder? (California, United States of America)
Does a defendant have to appeal against his conviction for first degree premeditated murder based on the natural and probable consequences theory? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.