Is aiding and abetting a crime separate and distinct from that of conspiracy?

California, United States of America


The following excerpt is from People v. Brigham, 216 Cal.App.3d 1039, 265 Cal.Rptr. 486 (Cal. App. 1989):

"The crime of aiding and abetting 8 is a separate and distinct offense from that of conspiracy. [Citation.] Although the rape and conspiracy charges involved some of the same acts as were involved in the section 288a Penal Code and robbery charges, the acquittal on the first two charges [rape and conspiracy] does not affect the validity of the conviction on the other two charges.... [I]n considering the sufficiency of the evidence to sustain the conviction on the section 288a of the Penal Code and robbery counts[,] the court must consider all of the evidence, including the relevant portions of the evidence relating to the rape and conspiracy charges." (People v. Villa, supra, 156 Cal.App.2d at p. 133, 318 P.2d 828, emphasis added.) 9

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)
Is a defendant who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits as a result of the crime? (California, United States of America)
What is the test for determining whether a crime committed by the same person as a separate crime is separate and involved separate objectives? (California, United States of America)
When a jury is given instructions on aiding and abetting and withdrawal of one who aids and abets a crime, what are the implications of this error? (California, United States of America)
In a conspiracy case, under section 654 of the California Criminal Code, is there separate punishment for conspiracy to commit several crimes and for the underlying crimes? (California, United States of America)
Can a defendant who aided and abetted a crime be held liable for the crime committed in the same circumstances? (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)
Is a person who aids and abets the commission of a crime a "principal" in the crime? (California, United States of America)
Is a person who aids and abets the commission of a crime considered a principal in the crime? (California, United States of America)
Is a person who aids and abets the commission of a crime considered a principal in the crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.