{"id":351994,"date":"2023-08-22T13:58:43","date_gmt":"2023-08-22T18:58:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/aiding-and-abetting-accessory.html"},"modified":"2025-05-14T13:58:00","modified_gmt":"2025-05-14T18:58:00","slug":"aiding-and-abetting-accessory","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/aiding-and-abetting-accessory.html","title":{"rendered":"Aiding and Abetting\/Accessory to Crime"},"content":{"rendered":"\n
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Aiding and Abetting\/Accessory to Crime<\/h1>\n\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Helping someone else commit a crime or avoid being caught afterward is also a criminal act. It can lead to criminal charges of aiding, abetting, or being an accessory to the original crime. This is a type of accomplice liability.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

When a crime occurs, police and prosecutors usually focus their efforts on identifying the individual(s) who committed the criminal act. This person is often called the principal offender.\u00a0<\/p>\n

Sometimes, law enforcement expands its investigation into those accused of aiding and abetting the commission of the crime. Police may also pursue charges against those who served as an accessory and helped a criminal after the fact.<\/p>\n

These scenarios are usually complicated. If you are suspected of being involved in a crime, talk to a criminal defense lawyer<\/a>. Getting legal advice can help you protect yourself from potential self-incrimination<\/a>.\u00a0<\/p>\n

How Accomplice Liability Works<\/h2>\n

A criminal charge of “aiding and abetting” or serving as an accessory after the fact of a crime derives from accomplice liability<\/a> (or complicity). Most states permit criminal charges against anyone who helps another in the commission of a crime.<\/p>\n

Of course, legal definitions and distinctions may vary by state. A person charged with these accomplice crimes may not be present when the crime itself is committed. Still, they often have knowledge of the crime before or after the fact. They may assist the principal offender with advice, actions, or financial support. Depending on the degree of involvement, the accomplice’s participation in the crime may rise to the\u00a0level of conspiracy<\/a>.<\/p>\n

For example, Andy draws a detailed floor plan of a bank for Dan, knowing of Dan’s intention to rob<\/a> it. After Dan commits the robbery, Alice agrees to let him store the stolen money at her house. Both Andy and Alice can face criminal charges. The state can claim Andy was an aider\/abettor and that Alice acted as an accessory after the robbery.<\/p>\n

How Are Aiding, Abetting, and Accessory Defined?<\/h2>\n

As with all crimes, the specific elements of the crime depend on the law where the crime occurred. Accomplice liability exists in both federal and state law. In general, aiding refers to differing degrees of support, and abetting involves encouragement. Serving as an accessory usually involves actions taken to protect the perpetrator after the crime is committed.<\/p>\n

If you were to serve on a jury in a federal court, the court may instruct you that the\u00a0crime of aiding and abetting<\/a>\u00a0requires the prosecution to prove beyond a reasonable doubt that all the following elements are true:<\/p>\n