If you’ve been accused of aiding and abetting a crime in Louisville, Kentucky, you may feel overwhelmed or confused about what this really means. The law treats aiding and abetting as seriously as committing the main offense, even though the defendant wasn’t the person who actually committed the crime.
If you’re facing these charges, it’s important to act quickly and get legal guidance from an experienced Louisville criminal defense lawyer. Building a strong defense starts with understanding the charge, and Suhre & Associates DUI and Criminal Defense Lawyers can help.
Call us today at (502) 371-7000 to schedule a free consultation with a Louisville aiding and abetting lawyer.
Why Hire Suhre & Associates DUI and Criminal Defense Lawyers for Help After an Arrest for Aiding & Abetting in Louisville, KY?
When you are arrested for aiding and abetting in Louisville, KY, it might feel like your life is over. This isn’t the case — you always have options to defend yourself and fight back against these charges. Calling a criminal defense firm is the first step.
When you choose Suhre & Associates DUI and Criminal Defense Lawyers, you get:
- Attorneys with 100+ years of combined experience
- A legal team that includes both former police officers and former prosecutors
- Lawyers who have been recognized as National Trial Lawyers Top 100 Trial Lawyers and Super Lawyers
- A firm with a 10.0 Avvo rating
With a strong defense team behind you, you are better prepared for the road ahead. Contact us for a free initial consultation with our Louisville aiding and abetting attorneys.
Overview of Aiding and Abetting in Kentucky
Aiding and abetting is known as “complicity” in Kentucky, which means assisting, soliciting, or encouraging another person to commit a crime. Complicity often results in the same charges and punishments as the person who actually commits the crime.
The prosecutor must prove the following elements beyond a reasonable doubt:
- The crime actually happened
- You did something to help the crime take place (turning off an alarm or providing equipment that was then used during the crime, for example)
- You intended for the crime to happen
Someone who is accidentally present, or who did something without realizing it would help the crime, won’t face the same responsibility as someone who intended to help a crime take place.
What Are the Penalties for Aiding and Abetting in Louisville, Kentucky?
If you help someone commit a crime in Louisville, the law treats you similarly to the person who actually committed the crime. The penalties hinge directly on the severity of the principal offense. If the underlying crime is a misdemeanor, you will typically also face misdemeanor charges with the corresponding penalties. If the primary crime is a felony, you can be charged with the same felony offense and face the same lengthy prison sentences and hefty fines.
For example, if you assist someone with theft, you’ll be charged with theft. If you assist someone with a more serious crime like murder, you could also be charged with murder.
Penalties for a conviction of aiding and abetting generally range from smaller fines and possible jail for lower-level crimes, to life imprisonment for the most serious offenses.
What Defenses Can Be Raised for a Charge of Aiding and Abetting in Kentucky?
The prosecution must prove the individual knowingly helped, solicited, or encouraged the commission of the crime, demanding a thorough investigation and potential legal complexities. When someone faces charges for helping another person commit a crime, the law recognizes several defenses. These defenses give a person a chance to explain why they should not be found guilty.
Several defenses can be raised to challenge such an accusation. The specific defenses available will depend heavily on the unique facts of each case.
Insufficient Evidence
Aiding and abetting requires you to have provided assistance, encouragement, or solicited the crime in some way. The prosecution must prove all elements of the crime beyond a reasonable doubt.
If the prosecutor cannot prove that the crime took place, then you cannot be guilty of helping with it. Likewise, if the evidence is weak, circumstantial, or insufficient, this can be the basis for a successful defense. This might involve challenging witness credibility, the accuracy of forensic evidence, or the interpretation of communications.
Alibi
If you were not present at the scene of the crime or could not have participated in any way, this provides a strong defense. Your attorney would present evidence to support your alibi.
Lack of Knowledge
Another defense is lack of knowledge. A key element of aiding and abetting is the knowledge that a crime is being committed and that your actions will assist in its commission. If you can demonstrate that you were unaware of the primary actor’s criminal intent or the nature of the crime, this defense can be effective.
This could involve showing that you were misled, misinformed, or simply did not understand the situation.
Lack of Intent
This defense comes up when the accused person’s actions were accidental, unintentional, or done without the specific purpose of helping the principal commit the crime. If the prosecutor cannot prove that your actions contributed or materially assisted in the commission of the crime, you cannot be guilty. This could also include demonstrating that any actions you took were unrelated to the crime.
Withdrawal/Abandonment
In some cases, if you withdraw before the crime is completed and effectively communicate this withdrawal to the other parties involved, you may not be guilty of aiding and abetting. The requirements for this defense are very specific and require showing that you took affirmative steps to disassociate yourself from the crime.
Duress
If you were compelled to aid in the commission of the crime by threat of force or other coercion, the defense of duress may apply. This requires the threat to be immediate, and you must have reasonably believed you were in danger.
Facing charges for aiding and abetting is serious. A conviction can result in a permanent criminal record and can directly impact your future. If you or someone you care about is accused of helping commit a crime, Suhre & Associates DUI and Criminal Defense Lawyers can help.
Contact us as soon as possible to schedule a free consultation with our Louisville aiding and abetting lawyers.
