Aiding and Abetting – NRS 195.020

Overview

In Nevada, aiding and abetting involves providing support or encouragement to another individual in the commission of a crime. Under Nevada Revised Statute (NRS) 195.020, a person can be held criminally liable for aiding and abetting another, making them an accomplice to the original offense. This statute addresses three primary ways one can be involved in a crime: helping, counseling, or encouraging another person to commit a criminal act.

Statutory Definition

• NRS 195.020 – Aiding and Abetting: This statute defines aiding and abetting as any act that assists another person in committing a crime, whether through direct help, counseling, or encouragement.

Key Elements

For a conviction of aiding and abetting, the prosecution must prove the following elements beyond a reasonable doubt:

1. Helped in the Commission of a Crime: The accused must have assisted another person in committing a crime.
2. Counseled or Encouraged: The accused must have either counseled or encouraged another person to commit the crime.
3. Knowledge and Intent: The accused must have been aware of the criminal intent of the primary actor.

Related Offenses

Several offenses are related to or overlap with aiding and abetting:

1. Accessory After the Fact – NRS 195.030: Involves assisting someone after they have committed a crime, not during the crime.
2. Carjacking – NRS 205.228: Involves forcibly taking a vehicle from another person, which can be related if someone aids in the carjacking.
3. Felony Murder – NRS 200.030: Involves a killing that occurs during the commission of a felony, potentially implicating accomplices.
4. Conspiracy – NRS 199.480: Involves planning a crime with others, which can overlap with aiding and abetting if the planning involves assisting in a crime.
5. Kidnapping – NRS 200.310: The unlawful taking of a person, which can involve others who aid in the kidnapping.

Examples

• Example 1: Alex drives his friend Jordan to a bank where Jordan commits a robbery. Although Alex stays in the car, the police later arrest him for aiding and abetting because he provided the getaway vehicle.
• Example 2: Lisa encourages her roommate to commit a burglary, providing her with tools and advice. Even if Lisa does not participate in the burglary directly, she can be charged with aiding and abetting the crime.
• Example 3: During a heist, Tom is at the scene but only acts as a lookout, not directly participating in the crime. Despite his limited role, Tom could still be charged with aiding and abetting if it is shown he knew about and supported the crime.

Defenses to Aiding and Abetting

There are several defenses available to challenge a charge of aiding and abetting:

• Lack of Involvement: Demonstrating that the accused did not actually aid, counsel, or encourage the commission of the crime. If the accused was merely present or unaware of the criminal intent, they cannot be held liable.
• No Knowledge: Proving that the accused had no knowledge of the criminal plan or actions. Without knowing involvement, the accused cannot be considered an accomplice.
• Misidentification: Showing that the accused was misidentified as an accomplice or that the evidence does not support their involvement in aiding or abetting.

Potential Penalty for Aiding and Abetting

The penalties for aiding and abetting depend on the nature of the underlying crime. If convicted, the accused will face the same penalties as if they had directly committed the offense. For example:

• Robbery: If aiding and abetting a robbery, the accused would face the penalties for robbery, which can include significant prison time and fines.
• Conspiracy: If aiding and abetting in a conspiracy, the penalties can include charges related to the conspiracy itself.

Criminal Defense for Aiding and Abetting

Joshua Tomsheck is a highly skilled criminal defense attorney with extensive experience in handling complex criminal cases, including aiding and abetting. As a former Chief Deputy District Attorney, Mr. Tomsheck has a deep understanding of both prosecution and defense strategies, which allows him to effectively challenge charges and build a strong defense.

If you are facing charges of aiding and abetting, it is crucial to seek legal representation as soon as possible. Contact the law firm of Hofland & Tomsheck at (702) 895-6760 to schedule your free consultation and discuss your case with an experienced attorney who can provide you with the best possible defense.