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aiding and abetting laws

3 Different Types of Aiding and Abetting

What if you have a friend who is a criminal and you help him? It may or may not result in a criminal charge. It depends if the help that you extended may be considered as aiding and abetting your friend in the commission of a crime or being an accessory to the crime. You do not necessarily need to be present with your friend, the offender, commits the crime but you have knowledge of the possibility of the crime being committed. Mere advice or any kind of support, whether by supplying him with some of the items that he may need to perfect the crime or financially, may be considered as the crime of aiding and abetting in the commission of the crime or being an accessory to the crime. If the offender has an active involvement in the planning of the commission of the crime, he may be charged, together with his friend, with conspiracy.

 

Difference of Aiding and Abetting or Accessory to Conspiracy

Aiding and Abetting in the Commission of a Crime

They generally mean to somehow assist in the commission of a crime or to be an accomplice. You have full knowledge of the fact that your friend has intent to commit the crime and you helped him financially or by extending to him any support to execute the crime, aside from helping in the planning of the crime. It does not necessarily require you to be physically present in the crime scene for you to be charged with aiding and abetting a criminal. You shall be charged with the crime of Aiding and Abetting, and shall be liable together with the offender as a principal.

 

For example, when you supply your friend with guns and other arms for the commission of the crime of murder. Whether or not you were personally at the crime scene, you are liable as a principal, as an aider or abettor to the commission of the crime of murder.

 

Accessory to the Crime

An accessory is a person who helps the offender but does not have the same liability as the principal because they do not directly help in the execution of the crime. They may have personal knowledge of the commission of the crime but their participation is as another helping hand, not as a necessary actor in the commission of the crime. An example of this is as a lookout in a robbery.

 

Conspiracy

Conspiracy is the act of 2 or more persons conspiring or confederating together to commit a crime. The mere planning to commit the crime is punishable under the law, even if the crime was not executed. If, in cases where the crime was successful, the crime committed shall be punished separately from conspiracy.

 

how to appeal to the courts of law

How To Be Free From Any Criminal Liability

If you have personal knowledge of the fact of a crime will be committed by your friend, and you have aided and abetted someone, you may still apply for a withdrawal of the criminal charges against you. The crime must not have happened yet, or before it has become unstoppable, and that you have already stopped your support in the commission of the crime. This may be difficult to prove unless there is an evidence of repudiation, such as communicating with your friend your refusal to further participate in the commission of the crime, or even warning the potential victim. However, some states may require the actual attempt to stop the execution of the crime by notifying officers of the law.

 

Mere acts in attempting to remove yourself from a crime before it is executed may also help mitigate the punishments you might face. These efforts may convince the prosecution to not charge you with a crime. Coming forward to report the commission of a crime, with clear signs that doing such shall be a threat to your safety, is an example of this.

 

Make sure to contact a bail agent near you if you or a loved one has been arrested for aiding and abetting!

the laws around assault charges

How to Identify Types of Assault and Battery

In certain states, assault and battery are often filed together because battery cannot be committed without assaulting the offended party. Assault is a lesser crime than battery because the latter involves inflicting actual harm to the offended party.

 

Assault is a crime that is defined as an attempt to injure someone else, it may include threats or threatening to injure the other person. There is an intent to commit assault or actually harm the other person by use of force or violence that makes a reasonable person to fear for his safety. Spoken words may be considered as assault provided that the offender does overt or direct acts that would make the other person fear of an imminent danger. Assault is often described as the attempted stage of battery. If there has been any physical harm inflicted, the crime would be battery.

 

Questions to ask whether it is assault or battery:

  1. Was there any attempt to injure or offend the offended party?
  2. Was there intent?
  3. Was the intent of the offender made to offend the other party fear of an imminent danger?
  4. If words were used to assault the other person, were they threatening?
  5. After the threats, did the offender commit any attempt to actually harm the offended party?
  6. Was the offended party actually harmed?

 

If the answer to all the questions is “YES,” the offended party may file assault and battery charges against the offender. If the answer to question number 6 is “NO,” the offended party may only file assault charges against the offender.

 

Battery, on the other hand, is a crime that is committed by a person who, through contact or touching, inflicts any physical harm or offense towards another person without the latter’s consent. The intent required is not really to harm the other person; what is required is that the offender intentionally causes the physical contact between him and the victim, for the purposes of harming or offending the latter.

 

Questions to ask whether it is battery or an accident:

  1. Was there any physical contact between the offender and the offended party?
  2. Was there physical harm or offense inflicted?
  3. Did the offended party consent to the act of the offender?
  4. Was there any intent on the part of the offender to cause any physical contact between him and the offended party?

 

what happens when charged with assult

If the answer to all the questions is “YES,” the offended party may file battery charges against the offender. However, if the answer to question number 4 is “NO,” the offended party cannot file any charges of battery against the offended party because such physical contact was an accident.

 

In summary, assault is the act of threatening to harm another person and battery is the actual act of harming him. They are two distinct and separate crimes. If the offender simply threatened to harm the other person, that is considered as assault under our statutes. However, simply uttering threatening words cannot be considered as battery if there were no direct or overt acts by the offender to attempt to cause any harm to the offended party. If there was any actual imminent, harmful or offensive action taken after assaulting the person, such act is battery.

penalties for burglary

6 Different Types of Burglary Charges and Their Penalties

Burglary is when a person trespass, or knowingly and unlawfully enters or remains in a property with intent to commit an offense within the premises, whether armed or not.

In New York, burglary is a crime punished under five different statutes. It is classified into different degrees, depending on the conduct involved. The gravity of the offense shall determine the penalty of the offender.

Make sure to hire a bondsman in your area if your loved one has been jailed due to burglary and you are unable to afford bail. Trials can takes months to begin so you don’t want your loved one sitting in a jail cell for this entire time period!

 

TYPES OF BURGLARY (in ascending order) and PENALTIES:

Third Degree Burglary

Third degree burglary, as defined in the statutes of New York, is entering or remaining unlawfully in a building at anytime with the intent to commit a crime. This is penalized with a minimum sentence of 1 year to a maximum of 5 years and/or a fine of $5,000.

Third Degree Burglary With A Firearm

Third degree burglary is entering or remaining unlawfully in a building at anytime with the intent to commit a crime with the use of, armed with, threatening the use of, displays or represents that he possesses a firearm (pistol, revolver, rifle, shotgun, machine gun, or other firearm) shall be penalized with a mandatory sentence of 1 year minimum to a maximum of 5 years and/or a fine of $5,000.

Second Degree Burglary

Second degree burglary is entering or remaining unlawfully in a dwelling at night or when someone is home with the intent to commit a crime. This is penalized with a minimum sentence of 1 year to a maximum of 10 years and/or a fine of $10,000.

Second Degree Burglary With A Firearm

Second degree burglary is entering or remaining unlawfully in a dwelling at night  or when someone is home with the intent to commit a crime with the use of, armed with, threatening the use of, displays or represents that he possesses a firearm (pistol, revolver, rifle, shotgun, machine gun, or other firearm) shall be penalized with a mandatory sentence of 1 year minimum to a maximum of 10 years and/or a fine of $10,000.

First Degree Burglary

First degree burglary is entering or remaining unlawfully in a dwelling at anytime. The offender shall intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on someone while attempting to commit the offense or while fleeing. This is penalized with a minimum sentence of 1 year to a maximum of 25 years and/or $20,000.

First Degree Burglary With A Firearm

First Degree Burglary is entering or remaining unlawfully in a dwelling at anytime. The offender shall intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on someone armed with a weapon (explosive, deadly weapon, or dangerous instrument) while attempting to commit the offense or while fleeing. This shall be penalized with a mandatory sentence of 5 years to a maximum of 25 years and/or $25,000.

 

Burglary is a crime separate and distinct from the crime committed within the building or dwelling. Statutes serves as guides by listing the minimum and maximum sentences for each degree of the crime. After the jury has determined the guilt of the offender, the case shall be returned to the judge who shall determine the sentence. Many factors shall take into play in the determination of the sentence, including any mitigating and/or aggravating circumstance present in the case.