Aiding and Abetting Charges in Texas

What Does Aiding and Abetting Mean in Texas?

If you were arrested for aiding and abetting in Texas, you may be wondering how you can be charged with a crime you did not actually commit. The answer lies in how federal and Texas law treat people who help others break the law.

Under federal law, aiding and abetting means intentionally helping someone else carry out a crime — and if convicted, you face the exact same punishment as the person who committed it. That includes the same prison sentence, the same fines, and the same federal record. In Bexar County and across South Texas, Attorney Genaro Cortez has defended clients facing these charges for over 20 years. Here is what you need to know.

Aiding and Abetting is a Silent Killer in Federal Criminal Cases

Surprisingly, aiding and abetting is a hidden feature in most federal-criminal laws. Not only does it treat the main criminal and his most casual helper alike, it is also implied in the charging document. This allows the prosecutor to use this theory at trial even when they did not state it in the indictment.

The major reason for this is that aiding and abetting is not a separate crime. It is an alternate charge in every indictment. This gives the government a second way to convict a person. In other words, a person is guilty because he either committed the crime himself, or he acted with criminal intent to help someone else break the law.

What Must the Government Prove in an Aiding and Abetting Case?

The elements of a crime are the set of fact the government must prove in a case. If the government can prove these set of facts at trial, then a person is guilty of a crime.

Further, to convict a person of aiding and abetting, the government must show the following facts beyond a reasonable doubt:

1. Someone committed a crime;
2. The person shared the criminal intent of the main actor(s) in the crime;
3. The person purposefully participated in the crime; and
4. Finally, the person, by his actions, sought to make the crime successful.

These elements are the legal definition for aiding and abetting. Strikingly, a person does not need to commit every element of the underlying crime. He only has to aid and abet each element.

Examples of Aiding and Abetting Charges

1. Drug Deals: Helping another person possess and distribute drugs such as meth, coke, or pot;
2. Wire Fraud: Providing false information to help someone else’s fake real-estate scheme; and
3. Gun Crimes: Assisting in a drug deal knowing ahead of time that one of the other people will carry a gun. In this type of case, a person will be guilty of aiding and abetting a 924(c) gun crime.

How Can You Defend Against an Aiding and Abetting Charge?

Yes. There are different ways to defend an aiding and abetting crime. The two most common defenses are mere presence and lack of criminal intent.

Mere Presence:

A person may be present at the scene of a crime. He may even know that someone else is commiting a crime. However, that is not enough to convict a person of aiding and abetting a crime.

Stated another way, there must be evidence to show the person took part in the crime. That he took some action to push the crime forward. Otherwise, being a spectator is not enough to show someone is guilty of this crime.

No Criminal Intent:

In essence, Aiding and Abetting has two parts. First, the person must take an affirmative act to further the crime. Second, the person must act with intent to carry out the crime. If the person does not have criminal intent to break the law, then he is not guilty of aiding and abetting. This is true even if he took steps to push the crime forward.

Furthermore, the person must have a criminal state of mind that extends to the entire crime. It is not enough to intent only one part or element of the crime. For example, a person may intend to help with a drug sale. But if he does not intend to help with an armed-drug sale, then he may not be guilty of a 924(c) gun crime.

For this reason, a person charged with aiding and abetting must carefully look at the facts of the case. In particular, the defense must see if the person had full knowledge of the circumstances surrounding the crime. What did he or she know about the crime before it happened? Did the person know someone else had a gun? The answers to these questions may provide a defense to this crime.

In sum, a person must know the criminal plan ahead of time. This advanced warning gives a person both a legal and moral choice. He can opt out of the crime and walk or away. Or, he can continue with the crime and live with the consequences of his actions. This choice will determine if a person is guilty of this crime or if he walks free.

Charged With Aiding and Abetting? Call Attorney Genaro Cortez.

An aiding and abetting charge is not a minor accusation. The government will use it to hold you just as responsible as the person who committed the crime — even if you never touched a weapon, never handled drugs, or never knew the full extent of what was planned. That is a serious legal position to be in, and it requires a serious defense. Attorney Genaro Cortez represents clients facing federal and state charges throughout Bexar County and South Texas. He offers free consultations in English and Spanish, and he will review the facts of your case at no cost to you. Call today at (210) 733-7575.