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 York, the concept of aiding and abetting is encompassed under the state's accomplice liability laws. According to New York Penal Law, a person is considered criminally liable for an offense committed by another person when, with the intent to promote or assist in the commission of the crime, they solicit, request, command, importune, or intentionally aid the principal offender. This means that if someone knowingly and intentionally helps in the planning or execution of a crime, they can be charged with the same offense as the principal perpetrator. The level of involvement can range from providing information or resources to actively participating in the crime's planning or execution. Furthermore, if the assistance constitutes a deliberate and concerted action towards committing a crime, it may be considered a conspiracy, which is a separate offense under New York law. The penalties for aiding and abetting or conspiracy will typically align with the severity of the underlying crime committed.