A criminal charge of aiding and abetting is known as an accomplice crime, and may be brought against anyone who helps with the commission of a crime. Aiding and abetting charges vary from state to state (and under federal law), but generally require that the defendant knowingly and intentionally aided and abetted the principal(s) in each essential element of the underlying crime. A person charged with aiding and abetting is often not present when the underlying crime is committed, but has knowledge of the crime before the crime is committed, and assists with the commission of the crime by providing information, action, or financial support. If the person aiding and abetting has a sufficient degree of involvement in the crime, the participation may rise to the level of being a conspiracy to commit the underlying crime.
In Colorado, aiding and abetting is addressed under the state's complicity statute. According to Colorado law, a person is considered an accomplice to a crime if they, with the intent to promote or facilitate the commission of the crime, aid, abet, advise, or encourage the principal in the commission or planning of the crime. The accomplice will be charged with the same degree of offense as the principal. It is not necessary for the accomplice to be physically present at the scene of the crime to be charged. The key elements are the intent to facilitate the crime and some act of assistance. The level of involvement can indeed elevate the charge to conspiracy if it is determined that there was an agreement to commit the crime and an overt act in furtherance of that crime. Both state statutes and case law in Colorado provide guidance on how these charges are applied and what defenses may be available to those accused of aiding and abetting.