If you help someone commit a crime in Texas, you may face equal criminal liability. Typically, these actions are known as aiding and abetting, but they may fall under a few different criminal categories under Texas law.
If you’ve been charged with aiding and abetting related offenses in Texas, it’s important to understand exactly what you’re being accused of. Keep reading to learn about the meaning of aiding and abetting in Texas.
Key Takeaways
- You may be charged in relation to someone else’s criminal acts if you support, encourage, or assist with the crime.
- Simply being present on a crime scene, knowing about a crime after the fact, or unknowingly supporting criminal activity are not typically criminal acts.
- In addition to aiding and abetting related offenses, you may also be charged as an accessory after the fact or a criminal conspirator.
- If you’ve been charged in relation to someone else’s criminal activity, you should get help from a San Antonio criminal defense attorney as soon as possible.
What Is Aiding and Abetting in Texas: Parties to an Offense
Rather than having a specific charge under the term “aiding and abetting”, Texas law lays out cases when a person may face criminal responsibility for someone else’s conduct. Under Texas Penal Code Chapter 7, you can be held liable as a party to a crime if you either partly caused the crime or were responsible for the criminal acts of another person.
“A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.” – Texas Penal Code Sec. 7.01
While you now know the actual words used by Texas law on aiding and abetting, you may not be feeling much clearer about what acts fall under this charge. To put it plainly, you may be held liable for criminal ventures involving another person if you provided assistance, encouragement, or other support in the commission of a crime. You may be held equally guilty under the law, and you may also face charges whether or not the principal’s guilt is established.
The elements which may be used to prove criminal responsibility for someone else’s actions include intent to promote or assist in a crime, knowingly causing an otherwise innocent person to commit a crime, or failure to perform a legal duty.
Common Examples of Aiding and Abetting in Texas
- Acting as an accomplice to a crime
- Planning a criminal venture
- Hiding evidence or concealing suspects following a crime
- Encouraging or pressuring someone to commit a crime
- Driving someone to or from a crime
- Acting as lookout during a criminal act
- Failing to act on a legal responsibility to prevent a criminal offense
What Is Not Aiding and Abetting?
It’s important for Texans to be aware of the rules on aiding in criminal activities, and that means understanding which types of acts are not considered aiding and abetting in Texas. Some common examples of acts which are often confused for aiding and abetting but which are not criminal include:
- Merely being present on the scene of a crime
- Unknowingly or accidentally assisting with a crime
- Knowing about or discussing a crime after the fact
- Providing assistance or support to someone without knowing the person was committing a crime
In addition to acts which do not constitute aiding and abetting, there are also circumstances that could result in lower charges. For example, attempting to stop a criminal act after initial involvement may reduce your penalties for aiding and abetting in Texas.
Accessory After the Fact
Keep in mind that assisting with a crime after the fact may be charged differently in Texas. Often charged under sections of Texas Penal Code Chapter 38, offenses include Hindering Arrest or Prosecution for concealing or assisting someone in avoiding arrest, Permitting or Facilitating Escape for assisting in escapes from legal custody, and Interference With Public Duties for impeding the activities of certain officials. Often, those charged with these types of offenses are known as an accessory after the fact.
Conspiracy
Criminal Conspiracy charges are very similar to the Parties to an Offense charge under Texas law, but the exact meaning and potential penalties are different. Under Texas Penal Code Sec. 15.02, Criminal Conspiracy charges can be brought against you if you agree with a person that you or both of you will commit a felony criminal act.
So, to compare with aiding and abetting, differences include the severity of the offense, with the law specifically restricting the conspiracy charge to felony acts. Conspiracy also means agreeing to the commission of a crime, while aiding and abetting involves providing support or encouragement for criminal acts.
Those charged with Criminal Conspiracy may face a penalty that is one category lower than the highest felony charge brought in relation to the criminal venture.
What Are Penalties for Aiding and Abetting?
If you’ve been charged with being a party to a crime in Texas, you need to understand that you could face the same level of legal penalties as the person who committed the actual offense. If the actual perpetrator, known as the principal, is convicted of a first-degree felony, you could face the same offense. In fact, the law states that there is no legal distinction between principal actors and abettors or accomplices.
If you are accused of knowingly assisting in another person’s criminal actions, it is essential for you to get legal representation as soon as possible. While the legal consequences of your charges may be severe, a criminal defense attorney can help utilize any and every available defense to reduce your penalties.
Charged With Aiding and Abetting? Get Legal Defense Services
The justice system generally treats those who support criminal activity as harshly as it does the actual perpetrators. While you might think that helping someone else commit a crime without engaging in a criminal act yourself wouldn’t be a big problem, the truth is that these cases are incredibly serious. If you have reason to think you may be charged in relation to someone else’s criminal activity in Texas, you need a capable legal defense.
For those charged with aiding and abetting offenses in Texas, the Law Office of John G. Perez is here to help you pursue the full extent of your defense options. From gathering evidence to undermining the prosecution’s theories in court, you can count on John to stand up for you throughout criminal proceedings and interrogations. John is proud to help defendants fight to eliminate or reduce their criminal charges in San Antonio.