California Penal Code 31 PC, aiding and abetting, is a legal theory that allows prosecutors to identify and charge additional suspects in a criminal case beyond the principal actor. For instance, in a bar fight, two people attack two other people, and one person hits someone with a bottle, cutting their eye.

The man is charged with assault with a deadly weapon. His friend, who fought alongside him, is also accused of the same, as an aider and abettor. If you're fighting two other people and they agree to mutual combat —a situation where both parties consent to a fight —you might have a self-defense argument. 

However, the issue is whether someone should have armed themselves with a bottle in that scenario. Is that reasonable under the circumstances? The crime of “aiding and abetting” is defined under California Penal Code 31. This statute states:

• “All people concerned in the commission of a crime, whether a felony or misdemeanor and whether they directly commit the offense, or aid and abet in its commission, or not being present, advised and encouraged its commission, and all people counseling, or encouraging children under the age of fourteen years, or people mentally incapacitated, to commit a crime, or by fraud, contrivance, or force another to cause him to commit any crime, or who by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime committed.”

The penalties you face depend on which crime you're aiding and abetting (CALCRIM 401). If you're assisting and helping someone who is shooting a weapon at people, you're looking at being charged with attempted murder and receiving 15 years to life in prison.

Aiding and abetting itself is not a crime (CALCRIM 400). It is a theory by which prosecutors can use evidence from other crimes to capture individuals. If you're helping another person commit a crime, you will be held responsible for that crime just as much as they are, underscoring the accountability of the accomplice. This can lead to severe penalties, emphasizing the serious nature of aiding and abetting.

If another person shoots someone while robbing a gas station with a gun and you are the getaway driver, you will be responsible for that murder as well, as an aider and abettor (CALCRIM 1603). Our Los Angeles criminal defense lawyers will provide a more detailed explanation below.

What If My Criminal Case Involves Other Defendants?

It would be much too complicated for prosecutors to try multiple defendants separately. If you're involved in a crime with someone else, you're both going to be arrested and prosecuted at the same time.

Often, they make offers to settle the co-defendant cases as a package deal, a situation where both defendants must accept the offer or neither receives the deal. They do that because it can be challenging to determine who is responsible.

Perhaps they lack all the information, so they prefer not to be in a position where one person pleads guilty and then comes back to try to help the other by taking responsibility. Once they have been punished, they don't have anything to lose. Prosecutors will ensure that both individuals are prosecuted simultaneously or that they are both brought to trial, ensuring a fair and just legal process.

Statute of Limitations on Aiding And Abetting

The statute of limitations depends on the substantive crime. The law of aiding and abetting robbery will apply when you're an aider and abettor of a theft. Understanding these laws is crucial as you're going to face the same statute of limitations as the person who committed the crime along with you. The law of the land dictates how long prosecutors have to charge a particular crime, and being aware of this can help you prepare for your legal proceedings.

Most of the time, prosecutors charge the case within a year of the offense's commission. After one year, the defense may argue that too much time has passed, memories have faded, and witnesses are no longer available to challenge the prosecution's case.

There are occasions where the defense can argue that they can no longer defend the case. There are no witnesses available, or if there are, their memories have faded due to the passage of time. Hedding Law Firm is based in Los Angeles County. Contact us for a free case review by phone or use our contact form.