Can a defendant be held liable as an aider and abettor of a crime?

California, United States of America


The following excerpt is from People v. LeBlanc, A126458 (Cal. App. 2012):

commission of a crime, . . . whether they directly commit the act constituting the offense, or aid and abet in its commission. . . .' (See . . . 971 ['all persons concerned in the commission of a crime, who by the operation of other provisions of this code are principals therein, shall hereafter be prosecuted, tried and punished as principals. . . .'].)" (People v. Calhoun (2007) 40 Cal.4th 398, 402.)

A defendant can be liable as an aider and abettor in two ways. "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.]" (People v. McCoy (2001) 25 Cal.4th 1111, 1117.)

Other Questions


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)
Can a defendant be held liable as an aider and abettor for aiding and abetting a crime? (California, United States of America)
Can a defendant who was an aider and abettor be held liable for any reasonably foreseeable crime committed as a consequence by the perpetrator? (California, United States of America)
What is the test for determining whether an aider and abettor is liable for any other crime that was a "natural and probable consequence" of the crime? (California, United States of America)
Can a person be found liable as an aider and abettor of a crime if they were "concerned" in the commission of the crime? (California, United States of America)
Can a defendant be held liable as an aider and abettor to a charged crime? (California, United States of America)
Is an aider and abettor liable for any other crime that was a natural and probable consequence of the crime? (California, United States of America)
How have courts interpreted section 186.22.22 of the California Criminal Code when a defendant and an aider and abettor of the crime are accused of the same crime? (California, United States of America)
Does the term "guilty" or "aider and abettor" apply to both a defendant and a defendant in a sexual assault case? (California, United States of America)
What is the test for determining whether a defendant can be held liable as an aider and abettor under the 'natural and probable consequences' doctrine? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.