When people think about criminal charges, most imagine only the person who directly commits a crime facing legal consequences. However, Minnesota law, and the laws in many other states, also hold others responsible if they play a role in helping bring about that crime. This is called “aiding and abetting,” and it can lead to being charged with the very same crime as the main actor, if you played an intentional role in making it happen.
What Does “Aiding and Abetting” Mean?
Under Minnesota law, you may be held criminally liable not just for your own direct actions, but also if you intentionally do something to aid, advise, hire, counsel, conspire with, or procure someone else in committing a crime, and you make no reasonable effort to stop it before it happens.
Intent is key: To be charged as an aider or abettor, you must have known that another person was going to, or was in the process of, committing a crime, and you intended for your actions to help them succeed.
Simply being present isn’t enough. It must be proven that you were purposefully involved, not just at the scene without doing anything.
How Courts Explain This to Juries
Jurors are instructed that if a defendant aids, advises, conspires, or intentionally helps someone else commit a crime, they can be found guilty, not just of the planned crime, but also of any other crimes committed in the process, as long as those actions were reasonably foreseeable.
Example: The Gas Station Robbery
Let’s say a group decides to rob a gas station. One person actually enters to commit the robbery, while another plays lookout outside. If things take a tragic turn and the person inside shoots the clerk, both the robber and the lookout can face charges for not just the robbery, but the resulting murder, because it’s reasonably foreseeable that bringing a loaded weapon to a robbery could lead to violence.
Your role as lookout makes you an active participant. Even if everyone agreed beforehand “no one gets hurt,” the law still recognizes the risk involved in such a situation.
What If No Crime Actually Happens?
Aiding and abetting requires that a crime actually be committed. Suppose the planned robbery falls apart; the would-be robbers leave after an argument without using force or threatening the clerk. In this case, you can’t be found guilty of aiding and abetting a robbery, because no robbery actually took place.
Can You Avoid Responsibility If You Try to Prevent the Crime?
The law offers a way out if you “effectively withdraw” and make a reasonable effort to prevent the crime before it occurs. For example, voicing clear objections, removing yourself from the situation, and actively trying to stop your friends could support a defense against aiding and abetting charges.
If you initially aided or conspired but then abandoned the plan and tried to prevent the crime, Minnesota law recognizes this as a valid defense—provided your effort was genuine and made before the crime was carried out.
A Real-World Twist: When Outcomes Surprise Everyone
Sometimes legal situations become very complex. In one of my cases, my client was accused of aiding in a murder after supposedly helping dispose of a gun following a shooting. Interestingly, the person who fired the weapon claimed self-defense and was ultimately acquitted. Yet, prosecutors charged my client with aiding and abetting the murder, even before knowing the outcome of the main defendant’s trial.
This led to a challenging trial where, after several twists, including law enforcement changing their story, we ultimately secured a not-guilty verdict for my client. The takeaway? You can still be charged with aiding and abetting even if the principal actor is found not guilty, depending on the circumstances.
If You’re Facing Aiding and Abetting Charges
If you or someone you care about has been charged or is under investigation for aiding and abetting in Minnesota, the stakes are high and the issues are complex. These cases demand a defense that understands the nuances of the law and is prepared to challenge assumptions at every turn.
For thoughtful, rigorous, and compassionate representation, contact us at arrestedmn.com or call (612) 339-5844. Your reputation and future are worth defending with everything the law can offer.
Need more answers? Reach out today for a confidential consultation.