Is a person who aids and abetts a crime even if someone else committed some or all of the crimes?

California, United States of America


The following excerpt is from People v. Aguilar, G057314 (Cal. App. 2020):

Section 31 provides that all persons "concerned in the commission of a crime" are principals to that crime, regardless of whether they directly commit the act constituting the crime or aid and abet in its commission. Thus, one who "aids and abets a crime is guilty of that crime even if someone else committed some or all of the criminal acts." (People v. McCoy (2001) 25 Cal.4th 1111, 1117 (McCoy).) "[A]n aider and abettor's liability for criminal conduct is of two kinds. First, an aider and abettor with the necessary mental state is guilty of the intended crime. Second, under the natural and probable consequences doctrine, an aider and abettor is guilty not only of the intended crime, but also 'for any other offense that was a "natural and probable consequence" of the crime aided and abetted.' [Citation.]" (Ibid.)

Other Questions


Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
When a police officer has an objective, reasonable, articulable suspicion a person has committed a crime or is about to commit a crime, can the officer briefly detain the person? (California, United States of America)
Is there a difference between a crime committed by the same person on the same day and the crime committed in the same way? (California, United States of America)
Is a person who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits when they commit? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Is a person who committed a crime "under an ignorance or mistake of fact which disproves any criminal intent" incapable of committing the crime? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
Is a defendant who commits a violent crime against several victims more culpable than a violent offender who commits violent crimes against one person more than one? (California, United States of America)
If a criminal commits a crime in a different county than the one where the crime was committed, would that change the outcome of the criminal trial if the crime occurred in the other county? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.