Could I Be Responsible for the Crimes of Another in Minnesota? Aiding and Abetting Liability

“Yes, I was there but I wasn’t the shooter.” “I did help plan to steal the car but I wasn’t even there when she did it.” “I only learned about it after it happened and I only helped hide him.”  All of these circumstances may fall under the definition of Aiding and Abetting.  And to answer your question: how bad is it if I helped somebody else commit a crime?  Its bad. In fact, it could be just as bad as if you committed the act itself. If you are facing Aiding and Abetting charges, anything from simple theft to murder, you need to sit down with an experienced criminal defense attorney immediately.  Contact Jack Rice Defense for a free confidential consultation.

While the law in Minnesota regarding Aiding and Abetting can be applied quite broadly, there are generally two kinds of Aiding and Abetting charges that we see most frequently.  

• Aiding and Abetting where you can be held liable for the crimes of another; and

• Aiding and Abetting after the fact where you weren’t involved on the front end but helped Obstruct or Conceal after it was over.

Aiding and Abetting Where You Can Be Responsible for the Crimes of Another

The definition in the Minnesota statute describes it this way::

“A person is criminally liable for a crime committed by another if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime.” Dare we use the phrase, “in for a penny, in for a pound.” If you helped, you could face what they face.

The statute goes even further by stating that:

“A person may (also) be liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by the person as a probable consequence of committing or attempting to commit the crime intended.” In order words, for example, if somebody is injured or killed as a result, even if that wasn’t the plan and you didn’t even do it directly, you could be help liable as if you had..  

Consequences

The consequences of this kind of Aiding and Abetting means that a person could be sentenced to the same amount of time as the person who actually carried out the act. You don’t have to “pull the trigger” to be held just as responsible as the person who did.. 

Aiding and Abetting After the Fact

Essentially, Aiding and Abetting after than fact means you weren’t involved on the front end but helped conceal or obstruct the investigation after the fact. Another way of putting it is:

Whoever intentionally aids another person whom the actor knows or has reason to know has committed a criminal act is an accomplice after that fact. Examples include:

• destroying or concealing evidence of that crime;

• providing false or misleading information about that crime;

• receiving the proceeds of that crime; or

• obstructing the investigation or prosecution of that crime.

Consequences

Whoever is an accomplice after that fact may be sentenced to not more than one-half of the statutory maximum sentence of imprisonment or to payment of a fine of not more than one-half of the maximum fine that could be imposed on the principal offender for the crime of violence.  In other words, you don’t even have to be involved in the crime itself but just helped afterward. If so, you could face up to half of what the person themselves could face.  

Make Sure You Hire the Best Criminal Defense Attorney

As you can see, Aiding and Abetting liability can be brutal and some people think that because they didn’t actually do the really terrible thing that happened, they won’t be help responsible for it The police depend upon that false assumption.

We have seen it happen before.  You want to explain yourself and explain that you didn’t actually do the thing. It was somebody else. As importantly, the police would love to have that nice long conversation with you to allow you to describe just how much you helped but didn’t do the worst parts. The problem with aiding and abetting charges is that if you were part of it all, even if you didn’t do the worst parts, you could be as responsible as if you did. Remember, in for a penny, in for a pound.

If you are facing serious criminal charges including aiding and abetting charges, contact experienced criminal defense attorney and former prosecutor Jack Rice. Jack is a Board Certified Criminal Law Specialist, form U.S. Federal Agent, founder of Jack Rice Defense and an experienced criminal defense attorney who has represented many clients facing similar aiding and abetting charges for everything from simple theft to murder.  Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.