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WHAT IS AIDING AND ABETTING IN NEVADA?
Aiding and abetting means assisting, encouraging, or facilitating another person in the commission of a crime. In Nevada, a person who aids and abets a crime is punished as a principal — the same as the person who actually committed the offense.
WHAT THE PROSECUTION MUST PROVE
To convict you of Aiding and Abetting in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
Another person committed a crime
The defendant knew the other person intended to commit the crime
The defendant intentionally aided, abetted, or assisted in the commission of the crime
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR AIDING AND ABETTING IN NEVADA
Aiding and Abetting
Same as the underlying crime. If the principal is guilty of a Category A felony, the aider and abettor faces the same Category A felony penalties.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending aiding and abetting charges
Mere presence at the scene of a crime is not aiding and abetting. The prosecution must prove you knew about the crime and intentionally helped. Being in the wrong place at the wrong time is not a crime.
The getaway driver in a robbery faces the same robbery charge as the person who went inside. Understanding this before agreeing to 'just drive' is critical.
Cooperation with law enforcement — particularly providing information about co-defendants — is sometimes the only path to a reduced sentence in aiding and abetting cases.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO AIDING AND ABETTING
Every case is unique, but these are the defenses most commonly raised in aiding and abetting cases in Nevada:
Mere presence — you were there but did not assist
No knowledge of the criminal purpose
Withdrawal — you withdrew from participation before the crime was committed
Insufficient evidence of intentional assistance