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

California, United States of America


The following excerpt is from People v. Williams, C069659 (Cal. App. 2017):

As the jury was instructed, a person aids and abets a crime when he acts with knowledge of the unlawful purpose of the perpetrator and the intent or purpose of encouraging or facilitating the commission of the crime, and his act or advice in some manner aids, promotes, encourages, or instigates the commission of the crime. (People v. Beeman (1984) 35 Cal.3d 547, 561.) To be guilty of attempted murder as an aider and abettor, the defendant must give aid or encouragement with knowledge of the direct perpetrator's intent to kill and with the purpose of facilitating the direct perpetrator's accomplishment of the intended killing -- which means that the person guilty of attempted murder as an aider and abettor must intend to kill. (People v. Lee (2003) 31 Cal.4th 613, 624.)

Other Questions


In what circumstances will a defendant be found guilty of attempted murder as an aider and abettor? (California, United States of America)
When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
What is the test for an aider and abettor to be found guilty of attempted murder? (California, United States of America)
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
Can a defendant be found guilty of murder as a direct aider and abettor? (California, United States of America)
What is the test for an aider and abettor to be found guilty of a murder if the intended assault results in the murder of another person? (California, United States of America)
Can a defendant convicted as an aider and abettor under a natural and probable consequences theory be found guilty of a lesser crime of second degree murder? (California, United States of America)
What is the test for a defendant to be found guilty of attempted murder or attempted voluntary manslaughter? (California, United States of America)
What is the test for a defendant to be found guilty of attempted murder with premeditation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.