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The elements for conspiracy or aiding and abetting in California are as follows:
- The perpetrator committed the crime;
- The defendant knew the perpetrator intended to commit the crime;
- Before or during the commission of the crime, the defendant intended to aid and abet the perpetrator in committing the crime; AND
- The Defendant’s words or conduct did in fact aid and abet the perpetrator’s commission of the crime.
A person who begins as an aider and abettor may avoid criminal liability by withdrawing before the crime is committed. To do so they must:
- Notify everyone they know who is involved with the crime that they are withdrawing; and
- Must do everything within their power to prevent the commission of the crime although they need not actually prevent the crime from occurring.
Criminal Law Updates by the Law Offices of Orange County Criminal Defense Attorney William W. Bruzzo (714) 547-4636