Defending Against Charges of Aiding and Abetting a Federal Crime

 Posted on March 27, 2025 in Criminal Defense

Helping someone commit a federal crime, such as immigration fraud or a hate crime, can result in penalties as severe as if you had directly committed the crime yourself. The prosecution has to prove that you intentionally attempted to assist in carrying out the crime successfully. A Chicago, IL federal crimes defense attorney may be able to help you build a strong claim against aiding and abetting charges or work out an appropriate plea bargain based on the details of your case.

Aiding and Abetting Charges Under Federal Law

Aiding and abetting is broadly defined. It can refer to playing a role in planning the crime, providing items needed to commit the crime, helping the main offender evade capture, or encouraging the offender to commit the crime. Under federal law, the conditions needed to convict someone of aiding and abetting include:

• The defendant had specific intent to help facilitate another person’s crime

• The defendant had the requisite intent to aid in the underlying offense

• The defendant assisted or participated in the underlying offense that someone committed

For example, in Rosemond v. United States, Rosemond was charged and convicted of aiding and abetting in a drug trafficking incident because he knew that his cohort planned to use a gun to carry out the crime. In United States v. Nunn, the defendant was convicted of aiding and abetting because he drove the offender to meetings, knowing of their intentions.

Potential Penalties for Aiding and Abetting

Someone who assists in a crime can face the same penalties as the principal offender. In practice, those charged with aiding and abetting typically receive lighter penalties. Negotiations often lead to reduced sentencing if the defendant agrees to testify or cooperate during the investigation. The judge also has the authority to decide whether the accused’s role warrants a more lenient penalty.

Possible Defenses Against Aiding and Abetting

Determining the most effective defense in an aiding and abetting case will depend on several factors. However, some of the most common defense strategies include:

• Intent withdrawal: The accused must have communicated clearly to those involved in the crime that they do not want to assist and reasonably attempt to prevent it.

• Lack of involvement: The accused cannot be charged if they can prove that they were a bystander and not involved in the crime.

• Duress: Demonstrating that the accused was forced to participate in the crime would relinquish liability.

Prosecutors mainly use 18 U.S. Code 2, often called the aiding and abetting statute, to define someone as an accessory to a crime. Without efficient legal representation, fighting these accusations successfully can be more challenging than someone without knowledge of the law can handle.

Contact a Chicago, IL Criminal Defense Attorney for a Free Consultation

Considering the severity of aiding and abetting charges and the relative penalties in federal cases, speaking to a legal representative immediately is ideal. A knowledgeable Chicago, IL federal crimes defense lawyer with experience as a prosecutor is available at Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney to listen to your side of the story and work with you to build a strong defense. Call 312-629-0669 to schedule your free consultation today.