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 Michigan, aiding and abetting is codified under Michigan Compiled Laws Section 767.39, which states that anyone who aids, counsels, or abets in the commission of an offense may be charged and convicted as if they had directly committed the offense themselves. This means that an individual can face the same penalties as the principal offender if they intentionally provide assistance or encouragement in the crime. The individual does not need to be present during the commission of the crime to be charged with aiding and abetting. However, mere knowledge of the crime without active assistance does not typically constitute aiding and abetting. The prosecution must prove that the defendant had the intent to assist in the crime and took some action to aid, counsel, or encourage the principal in the commission of the offense. If the involvement is significant enough, it could also be considered a conspiracy, which is a separate offense under Michigan law, requiring an agreement to commit a crime and some overt act in furtherance of that crime.