Can I get in Trouble for Helping Somebody Charged with a Crime in Minnesota?
Aiding and Abetting is a difficult charge because what are you supposed to do if a loved one, family member or friend reaches out and asks you for help? The first response can sometimes be, “How can I help?” However, what happens if that person is being investigated for a crime and you do something that helps them do it? Can you be charged too? If you are facing serious charges for something called, “Aiding an Offender,” consult with an experienced Minnesota criminal defense attorney. Better yet, make sure that person is also a Board Certified Criminal Law Specialist.
“If you lie, hide evidence, help somebody get away from the police, you could easily face criminal liability yourself even if you weren’t involved in the original crime itself.”
3 Different Kinds of Aiding and Abetting
In Minnesota, there are three different kinds of ‘aiding’ an offender:
Helping and concealing
Obstructing an investigation
Taking Responsibility for Criminal Acts.
Helping and Concealing
There is a “knowing” component to obstructing an investigation. If you know or should have known that another has a committed a criminal act, you could face criminal liability if you “harbor, conceal, aid, or assist by word or act.,” Frequently, this means lying for or covering up for somebody whom you know committed a crime.
If you are found guilty of Aiding and Abetting by helping, lying for and concealing another, you could face not more than three years of imprisonment and $5,000 in fines
Obstructing an Investigation
There is a “knowing” component to obstructing an investigation as well. If you know or should have known that another has a committed a criminal act, you could face criminal liability if you:
Destroy or conceal evidence of the crime
Provide false or misleading information
Knowingly receive proceeds from the crime i.e. property, cash or more.
In some other way obstruct the investigation or prosecution.
If you are found guilty of Aiding and Abetting by Obstruction of the Investigation, you could face not more than one-half of the statutory maximum sentence of imprisonment or to payment of a fine.
Aiding by Taking Responsibility
This last form of Aiding and Abetting is called “Taking Responsibility for Criminal Acts.” This might apply to orchestrating the crime but not carrying it out. It is a bit unusual because if you do this, you are generally charged with conspiracy for the underlying criminal charge. This means you could face the full force of the laws as if you committed the crime itself.
If you are found criminally liable to Aiding and Abetting the orchestration of a crime under the Aiding and Abetting statute, you could face half the maximum imprisonment and half the maximum fines.
“Aiding and Abetting is sometimes seen as before-the-fact and after-the-fact. If you help before, you could be charged as a co-defendant. After the fact is more often aiding and abetting.”
If you are facing Aiding and Abetting charges in Minnesota, you could be facing serious liability. The best thing you can do is sit down with an experienced Minnesota criminal defense attorney to discuss your rights, your options, and what you do next.
Go with the Best
Jack Rice is a nationally known criminal defense attorney. He is a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. Jack is also the Founder of Jack Rice Defense, a boutique criminal defense firm in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.