Is there a difference between a defendant and a defendant who aids and abets in the commission of an act of attempted murder?

California, United States of America


The following excerpt is from People v. Simonton, 70 Cal.App.4th 982, 83 Cal.Rptr.2d 19 (Cal. App. 1999):

Such a construction is consistent with the general principles of the law imposing liability on aiders and abettors, who do not harbor the intent to commit the target offense but act to assist someone known to harbor such an intent. Further, it avoids the anomalous circumstance that would result if the statute was interpreted otherwise: an aider and abettor would be fully liable to the same extent as the perpetrator if the perpetrator murders the victim, but would receive a lighter penalty than the perpetrator where the perpetrator attempted unsuccessfully to murder the victim, even though the aider and abettor's conduct was exactly the same. Such a result would be inconsistent with the mandate of the law, that the same criminal liability attaches whether the defendant directly perpetrates the offense or aids and abets in its commission. (See Pen.Code, 31; People v. Beeman, supra, 35 Cal.3d at pp. 554-555, 199 Cal.Rptr. 60, 674 P.2d 1318.)

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