One area that often catches individuals off guard is the concept of aiding and abetting. In Nevada, the distinction between being at the wrong place at the wrong time and actively participating in a criminal act can be incredibly fine. Through this blog post, we, at ATAC LAW, seek to unravel the complexities surrounding Nevada’s laws on aiding and abetting (NRS 195.020).
What Does “Aiding and Abetting” Mean in Nevada?
Under NRS 195.020, “aiding and abetting” refers to the act of assisting in the commission of a crime. But what does that look like in practice? While the precise actions can vary widely, some examples may include: serving as a lookout during a robbery, providing information about a target’s routines or vulnerabilities, procuring or supplying tools or weapons used in the crime, or helping a criminal hide from law enforcement or escape after committing a crime. It’s worth noting that even if the person aiding and abetting is not present during the actual criminal act, they can still face charges for their involvement, such as advising or encouraging its execution.
What is the Possible Sentence for Aiding and Abetting in Nevada?
Under Nevada law, the repercussions of aiding and abetting a crime are typically just as severe as participating in the crime itself. For instance, if you are found guilty of aiding a robbery, prepare to face the typical robbery sentencing: two to 15 years in the Nevada State Prison.
However, there’s one particular deviation when it comes to second-degree kidnapping (NRS 200.310). While the perpetrators of the actual kidnapping face a potential sentence of two to 15 years in Nevada State Prison and a fine of up to $15,000, accomplices to the crime could face the same timeframe in prison but escape the hefty fine.
It holds equally true at the federal level where, if suspected of aiding and abetting any federal crime, the charge against you will reflect the crime you allegedly assisted in committing
Are the Consequences the Same for Aiders and Abettors as for Principals?
Perhaps you’re wondering if being an accessory to a crime carries the same weight as actually committing the principal offense. The stark reality is, in Nevada, knowingly aiding and abetting a criminal act makes you just as liable as the person who commits the primary crime. This means you face identical penalties – a sobering thought.
What Should You Do If Charged with Aiding and Abetting in Nevada?
If you’re facing charges for aiding and abetting, immediate and informed action is crucial. The best course of action? Contacting ATAC LAW. Our expert legal team has a profound understanding of Nevada’s laws and is dedicated to safeguarding your rights. We’ll strategically navigate through the legal complexities and advocate tenaciously on your behalf.
Nevada law recognizes several defense strategies when facing aiding and abetting charges. Below are some commonly used defenses:
1. Absence of Aiding or Abetting: Merely being aware of a crime or present at the scene doesn’t automatically implicate you as an accomplice. Without clear actions that knowingly facilitated the criminal act, you cannot be held responsible for aiding or abetting.
2. Post-Crime Assistance Doesn’t Equal Aiding: Providing aid to someone who has already committed a crime does not constitute aiding and abetting. Nevertheless, be aware that you might face charges for being an accessory after the fact under NRS 195.030 if you assist a criminal post-crime.
3. Lack of Knowledge About the Crime: To be convicted of aiding and abetting, there has to be knowledge of the crime. If the prosecution cannot convincingly prove that you were aware (or should have been aware) of the criminal intentions, the charges against you might be dismissed.
4. Withdrawal from Criminal Intent: Renouncing your involvement in a planned crime can exempt you from accomplice liability. This requires clear communication of your withdrawal to all involved parties and taking definitive steps to thwart the crime, for instance by alerting the authorities. Demonstrating effective withdrawal may lead to the dismissal of the charges.
5. These defense approaches illustrate the complexities of criminal law in Nevada, highlighting the necessity of a knowledgeable and strategic legal defense to navigate these waters effectively.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.