What Does Aiding and Abetting Mean and When Is It a Federal Crime?

 Posted on January 07, 2025 in Federal Crimes

Aiding and abetting are words that mean "helping and encouraging," respectively. In the law, to "aid and abet" someone means helping them do something wrong. Specifically, it refers to the act of assisting, encouraging, or facilitating the act of committing a crime. 

Under federal law, aiding and abetting charges are governed by a specific law that says you can be held criminally responsible for helping another person commit a federal crime, even if you did not directly commit the act yourself.

Aiding and abetting charges are serious, often exposing defendants to the same harsh penalties as the principal offender. If you are concerned you may be the subject of a federal criminal investigation, call an Illinois federal criminal defense lawyer right away. 

How is a Federal Aiding and Abetting Case Proven? 

To get a conviction, federal prosecutors have to prove beyond a reasonable doubt that you committed a crime. This means they have to convince a jury or a judge that the evidence in your case is so strong that a reasonable person cannot doubt you committed the crime. This involves proving three main factors: 

• The person you helped committed a federal crime.

• You knew about the crime and meant to help commit it. 

• You helped, encouraged, or otherwise provided aid to the person committing the crime, whether by acting, or, crucially, failing to act.

Examples of Federal Aiding and Abetting

Some of the most spectacular federal aiding and abetting cases involve clear-cut behaviors like driving a getaway car after a bank robbery or premeditated homicide. However, in real life, aiding and abetting is often more subtle. 

For example, if you give someone information that allows them to commit financial fraud, such as wire fraud, identity theft, or credit card fraud, you could be charged with aiding and abetting even if the act you were involved in seems relatively minor, like taking a photo of someone’s credit card information. Likewise, if you gave logistical help to someone selling drugs or guns, such as briefly letting them store stuff at your house or in your car, this could also lead to aiding and abetting charges. 

For federal white collar crimes especially, prosecutors often involve as many people as they can in charges, casting a wide net so they implicate anyone who might have been involved. The more people are investigated, the more likely those people are to yield useful information in prosecuting the principal crime, which means you should take an investigation seriously even if you do not think you did anything wrong. 

What Are the Penalties for Federal Aiding and Abetting Convictions?

As with all criminal convictions, the exact time someone spends behind bars will depend on the facts of the case, that person’s criminal history, and the tendency of the judge and/or prosecutor to push for one punishment or another. Most federal criminal cases end in plea deals, not convictions in front of a jury, but when a jury convicts someone the penalties tend to be much higher. 

Aiding and abetting charges are unique in that they depend on the original crime that was committed. For example, if the crime you aided and abetted – known as the "principal crime" – carries a maximum penalty of 20 years in prison, you could face the same. However, many people who are accused of aiding and abetting get lesser sentences by cooperating with prosecutors in the prosecution of the principal crime. 

Call an Illinois Federal Criminal Defense Attorney Now

Even if you are certain you did nothing wrong, you need a Chicago, IL federal criminal defense attorney to help you protect your future, including your name and good reputation. You can be investigated, arrested, charged, and ultimately convicted – but at Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, our goal is to prevent this whenever possible. 

Our attorney is a former prosecutor who understands the system better than anyone. Get ahead of the prosecution the moment you find out you are under investigation by calling 312-629-0669 to schedule a free consultation.