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 New Jersey, aiding and abetting is addressed under the state's accomplice liability laws. According to New Jersey statutes, a person can be charged with a crime if they purposely aid, agree to aid, or attempt to aid another person in planning or committing a crime. The individual charged with aiding and abetting must have the purpose of promoting or facilitating the commission of the offense. This means that they must have had the intention to help in the crime's execution, not merely be present or aware of the crime. The aider and abettor can be prosecuted as if they had committed the crime themselves, regardless of whether they were present during the commission of the crime. The level of the charge typically corresponds to the severity of the underlying crime. It's important to note that New Jersey law also recognizes the concept of conspiracy, which involves an agreement to commit a crime, and can apply even if the crime was not actually carried out. Both aiding and abetting and conspiracy charges in New Jersey require a demonstration of intent and a level of participation in the criminal activity.