Aiding and abetting involves more than just direct participation in a crime. These activities include actions by those who knowingly or unknowingly assist another person to commit a crime. This assistance could be lending your car, encouraging the offender to commit a crime, or acting as a lookout. The essential element is your role in facilitating the criminal act.

Aiding and abetting can result in serious charges that often carry the same punishments as the original crime. These charges can transform a seemingly innocent act of kindness into a possible prison sentence and criminal record.

You should secure the assistance of an experienced criminal defense attorney if you are facing accusations of aiding and abetting. An expert attorney can examine your case, consider the evidence presented by the prosecution, and fight for the best result. At The Law Offices of Martin Hart, we use our experience and understanding of Nevada laws to negotiate the court system's complexities and defend your rights. Call us if you are facing these charges in Las Vegas.

Aiding and Abetting Under Nevada Law

NRS § 195.020 extends criminal liability beyond direct perpetrators. According to this statute, a person can face charges as a principal if he/she intentionally aids or abets another person (the principal) in committing a crime. Put another way, you bear the same responsibility as the individual who committed the crime directly if you aid and abet them.

Knowledge is a critical element. The prosecution must demonstrate that you knew or should have known about the principal's criminal intent to secure a conviction. The extent of your assistance is equally important. For example, lending your car to a friend for a casual errand does not carry the same weight as lending it with the knowledge that they plan to use it in a robbery.

The principal's criminal intent, that is, their state of mind at the time of the crime, is very important. Two key aspects define this intent:

  • The principal must first knowingly commit a crime — This indicates that he/she understood that his/her actions were illegal and that he/she intended to break the law. For example, stealing a car requires knowing that taking a vehicle without permission is a crime.
  • The level of specific intent required varies depending on the offense — Certain crimes, like speeding, only require a general intent to perform the act itself (driving). Exceeding the speed limit indicates a general intent to drive faster than is legal. However, more serious crimes often require specific criminal intent, like intending to steal something after breaking into a house. In this instance, the general intent of entering the residence merges with the specific intent to commit theft.

Consider this scenario: Mark asks Sarah, a friend, to assist him in vandalizing a structure. On the side, Mark intends to spray paint graffiti. Sarah gives Mark paint cans and keeps an eye out for him since she knows about his scheme. Sarah provides the materials and serves as a lookout for Mark's crime. Even if she does not really apply the paint, the prosecution will argue that Sarah actively supported Mark and was aware of his criminal intent (damage).

Other than serving as a lookout, you will likely face aiding and abetting charges if you engage in any of the following activities:

  • Providing tools or means — You could be charged with aiding and abetting if you give someone the means to perpetrate a crime, like providing a weapon for an attack or dealing with stolen goods.
  • Giving support or advice — Encouraging or advising criminal behavior is also illegal. Examples of this behavior include discussing access sites or turning off security systems to help organize a burglary.
  • Silence and omission of duty — Failing to act when you have a duty to intervene or report a crime, for example, security personnel ignoring criminal activity, can be viewed as aiding the perpetrator. Security personnel who fail to stop illegal activities are an example of this.
  • Offering financial assistance — Financial assistance is another type of aiding and abetting that carries legal consequences. This includes knowingly sponsoring unlawful acts, whether through giving money outright for illicit uses or helping to launder illicit funds.

Can Lack of Criminal Intent Serve as a Defense in My Aiding and Abetting Case?

NRS Section 195.020 establishes Nevada's strict liability policy for assisting and abetting. It is not a defense to argue that you had no criminal intent. This rests on two fundamental legal concepts:

  • Strict liability — Whether or not you thought the person you helped was plotting a crime, Nevada law holds you responsible for what you knew and did in the circumstances.
  • Reasonable person standard — The term "reasonable person" refers to the legal standard. This assesses whether a reasonable person would have thought they were supporting a crime in light of all known or knowable information.

The prosecution does not need to establish your intent to aid in a crime. They have to show that a reasonable person would have known or believed that their activities encouraged criminal activity under the particular circumstances.

Consider driving Austin without understanding his intentions. You arrive at a store that is known to have a high crime rate and see Austin acting suspiciously. One could reasonably conclude that Austin was stealing merchandise. Driving him without thinking twice might land you in trouble for aiding and abetting, even if you had no intention of helping him steal.

Aiding and Abetting Vs. Conspiracy to Commit a Crime

You will face conspiracy charges under NRS § 199.480 if you plan to commit a crime. The court focuses on the plan and the agreement you and others had to commit the crime. You will likely be found guilty if the prosecution establishes that you planned and agreed to commit the crime with other co-conspirators.

On the other hand, aiding and abetting focuses more on your actions than planning and agreeing to commit a crime.

Aiding-abetting and conspiracy to commit a crime overlap when aiding and abetting occur as a consequence of an earlier plan to commit the crime. For example, you could be charged with both offenses if you drive the getaway vehicle after agreeing to rob a bank with other parties.

Penalties for Aiding and Abetting

If you are found guilty of aiding and abetting a crime, you will face the same penalties as those who commit the principal crime.

For example, if you aided and abetted a robbery, you could face an imprisonment sentence similar to that of an individual convicted of robbery.

Nevada uses a sentencing system that classifies crimes into different categories. For example, robbery is a Category B felony. The maximum penalty for Category B offenses is:

  • $15,000 in fines and
  • Two to fifteen years in jail

Judges also consider the facts of your case and your criminal history when determining the appropriate sentence.

Defenses You Can Use to Fight Aiding and Abetting Charges

You can fight aiding and abetting charges by asserting any of the following defenses:

     a) Lack of Knowledge

When you argue that you lacked knowledge of the crime, you assert that you genuinely believed the person you assisted was acting lawfully. However, Nevada law uses a "reasonable person" standard. This means that even if you were unaware of all the details, if the situation was suspicious enough to raise doubts in a reasonable person's mind, you could still be held liable.

The crucial question is: Were there enough red flags in the circumstances for a reasonable person in your position to suspect criminal activity?

This is where the value of an attorney is invaluable. They can navigate the "reasonable person" standard and demonstrate your lack of knowledge. Attorneys use the following to establish this defense strategy:

  • Extensive investigations — Your lawyer will conduct an extensive investigation into your case, including a comprehensive interview to gather information regarding the individual you helped, the nature of their request, the context surrounding your actions, and your understanding of the situation at the time.
  • Building a strong case — Your lawyer will craft a defense to support your claim of lack of knowledge based on the results of this investigation. This could entail identifying inconsistencies in the prosecution's case, building a clear timeline, and gathering supporting evidence like witness statements or records that corroborate your understanding.
  • Addressing the "reasonable person" standard — Your attorney could argue that a reasonable person would not have questioned the activity's legality in light of the information available to you at the time. This could involve highlighting the lack of obvious warning signs or ensuring that the individual you helped has a plausible explanation.

The particulars of your case will determine whether this defense is successful. The more details you provide about your lack of knowledge and the context of your actions, the stronger your defense.

     b) You Did Not Aid or Abet a Crime

Witnessing a crime or being nearby does not automatically make you an accomplice. Unlike fictitious depictions in films, aiding and abetting allegations require more than physical presence. Nevada's assisting and abetting statutes focus on your deeds and intentions. Being present at the scene or knowing about the crime does not make you liable. The crucial question is whether you consciously participated in or helped with the illegal act. Did you intentionally do anything to help the offender?

The difference depends on how much you know and how involved you are. Did you knowingly help commit the crime, and did your actions blatantly aid in its commission?

You can prove that you were not intentionally involved in the crime as a defense. Nevada law considers both your intent and your behavior. Simply being there or being aware of a crime is insufficient. You had to have deliberately assisted the unlawful act with your participation.

You can improve your defense by demonstrating that you did not intend to help and that your conduct did not facilitate the crime. Remember that the prosecution needs to prove beyond a reasonable doubt that you willingly and knowingly assisted in the crime.

     c) You Were Under Duress

The core of a duress defense is that you were forced to participate in the crime due to imminent threats of violence. The threat must be real and significant enough to endanger you or a loved one. Empty threats or minor annoyances do not count.

The court will carefully consider several elements when evaluating your duress defense, including:

  • Threat severity — The threat must be serious enough to support your action. Fear of slight injury or irritation is insufficient.
  • The immediacy of the threat — The threat must be so substantial that it leaves you with no choice but to comply.
  • Possibility of escape — The court will determine whether you had a reasonable chance to flee or seek assistance from the authorities.
  • Your activities following the threat — Did you carry out the offense even after the immediate threat had passed?

Remember, duress is not a defense if you willingly participated in the crime initially or continued to be involved after the threat disappeared. Furthermore, you bear the burden of proof. You must establish it by a preponderance of the evidence, which is a lower standard than proving your innocence beyond a reasonable doubt.

The particulars of your case have a significant impact on whether a duress defense is successful. Your defense will be stronger if you can provide more convincing proof of an impending threat and a lack of plausible alternatives.

Find a Criminal Defense Attorney Near Me

Facing aiding and abetting accusations can be stressful, leaving you unsure about your legal rights and the way forward. A careful analysis of the circumstances and a carefully thought-out defense plan are necessary to challenge the charges adequately. Since there could be profound repercussions, it is imperative to get the advice of an experienced criminal defense lawyer. A skilled Las Vegas attorney will analyze the particulars of your case, identify weaknesses in the prosecution's case, and fight relentlessly to save your future.

You have legal rights, and a strong defense can make a big difference in your case. Call The Law Offices of Martin Hart at 702-380-4278 to arrange a free consultation. We are ready to help and answer your questions as we work to secure the best outcome for your case.