Can a defendant be found guilty of a crime as an aider and abettor?

California, United States of America


The following excerpt is from People v. Alberto C. (In re Alberto C.), D073257 (Cal. App. 2018):

Additionally, a defendant may be guilty of a crime as an aider and abettor if the person acts " ' "with (1) knowledge of the unlawful purpose of the perpetrator; and (2) the intent or purpose of committing, encouraging, or facilitating the commission of the offense, (3) by act or advice aids, promotes, encourages or instigates, the commission of the crime." ' " (People v. Jurado (2006) 38 Cal.4th 72, 136.) " '[W]hile mere presence at the scene of an offense is not sufficient in itself to sustain a conviction, it is a circumstance which will tend to support a finding that an accused was a principal. [Citations.]' [Citation.] ' "[C]ompanionship, and conduct before and after the offense" ' are also relevant to determining whether a defendant aided and abetted a crime." (People v. Miranda (2011) 192 Cal.App.4th 398, 407.)

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