Being charged with aiding and abetting in Oklahoma is a serious legal issue that can have significant consequences. Understanding what aiding and abetting means, the potential penalties, and the importance of seeking criminal defense is crucial.
At Jacqui Ford Law, our team understands the complexities of Oklahoma’s legal system and can navigate it effectively on your behalf. Our criminal defense advocate, Jacqui Ford, has a track record of helping clients with cases like yours for over a decade.
In this blog, we provide a comprehensive guide on aiding and abetting charges in Oklahoma.
What Does It Mean to Aid and Abet?
In legal terms, aiding and abetting involves participating in, or somehow supporting, the commission of a crime.
An individual doesn’t need to commit the offense to be held liable actively. For instance, it could be giving access to the weapon used in the crime, planning the crime, or intentionally driving the vehicle used during the crime, among others.
It requires a certain level of criminal intent, defined as a conscious decision to commit a criminal violent offense or to act in a way that the outcomes are likely criminal. This intent is crucial in distinguishing mere knowledge of a crime from active participation.
Under Oklahoma Statutes (21 O.S. 1991, §§ 171, 172), aiding and abetting is clearly delineated, establishing the responsibilities and liabilities of those involved in or connected to criminal acts.
What Is The Difference Between Principal and Accessory?
In Oklahoma, there are only two parties to a crime according to criminal law: principals and accessories.
- Principal: Under Oklahoma law, a principal is broadly defined as anyone involved in the commission of a crime, whether it’s a felony or misdemeanor. This includes those who directly commit the crime or those who help in its commission, even if they are not physically present at the scene.
- Accessory: An accessory in Oklahoma is someone who, knowing a felony has been committed, helps the offender avoid arrest, trial, or conviction. This assistance must occur after the crime has been committed.
Defense of Abandonment in Aiding and Abetting Charges in Oklahoma
Abandonment is a defense in aiding and abetting cases where the accused must prove they stopped supporting the crime before it was committed.
Conditions for a successful abandonment defense include the following:
- Timely Withdrawal: The person must withdraw their involvement early enough to prevent the crime.
- Active Effort to Prevent the Crime: Merely changing one’s mind isn’t sufficient; the person must take active steps to stop the crime from occurring.
- Notification of Withdrawal: The person must inform any co-conspirators of their withdrawal from the criminal activity.
- Complete Disengagement: The individual must do everything within their power to prevent the crime’s completion.
Failure to meet any of these conditions can result in continued liability for the crime despite a change of heart or attempted late withdrawal.
Penalties for Aiding and Abetting Charges in Oklahoma
The penalties for aiding and abetting in Oklahoma vary based on the severity of the underlying felony crime involved.
- For Serious Felonies (4+ Years Imprisonment Possible): If someone is convicted as an accessory to a felony where the main crime has a maximum penalty of at least four years in prison, they can be sentenced to up to half of the maximum term given for that felony. For instance, if the main offender gets a six-year sentence, the accessory could receive up to three years.
- For Less Severe Felonies (Less Than 4 Years Imprisonment): If the main felony is punishable by less than four years in prison, then the accessory can be sentenced to no more than one year in county jail.
- For Felonies Punishable by a Fine Only: If the main offense only carries a fine, the accessory can be fined up to half of the maximum amount that could be imposed on the principal offender. So, if the maximum fine for the felony is $10,000, the accessory could be fined up to $5,000.
- For Felonies Punishable by Both Imprisonment and a Fine: In cases where the main offense includes both a fine and imprisonment, the accessory faces up to half of the longest term of imprisonment and half of the largest fine possible for the principal offense.
- For Murder Charges
- If the underlying offense is first-degree murder, an accessory faces between 5 to 45 years in prison.
- For second-degree murder, the penalty for an accessory ranges from 5 to 25 years in prison.
These rules ensure that the severity of the penalty for the accessory reflects the seriousness of the main felony committed.
How a Criminal Defense Lawyer in Oklahoma Can Help
A criminal defense lawyer plays a crucial role in helping you learn about your rights when facing aiding and abetting charges in Oklahoma. Here’s how they can assist:
- Legal Guidance and Strategy: They provide reliable advice on the legal implications of the charges and what you can do if you are wrongfully accused of the crime. They help develop a robust defense strategy based on the specific circumstances of the case by doing the following:
- Gathering evidence
- Talking to witnesses
- Going through the police report
- Doing all other measures applicable to secure a favorable outcome for your case
- Defense of Abandonment: If applicable, a lawyer can help argue the defense of abandonment, proving that the accused withdrew from the criminal activity and made efforts to prevent the crime, potentially leading to exoneration, proving the accused’s innocence of the crime.
- Negotiating Plea Deals: In some cases, negotiating a plea deal may be the best course of action. An experienced attorney can negotiate with prosecutors to reduce charges or penalties.
- Mitigating Penalties: Even if a conviction cannot be avoided, a lawyer can work to minimize the penalties, arguing for reduced sentencing based on various factors like the defendant’s role and intent.
Contact Jacqui Ford Law Today!
By engaging a criminal defense lawyer, individuals accused of aiding and abetting in Oklahoma can defend themselves against charges and gain a knowledgeable advocate who can significantly influence the outcome of their case.
From pre-trial hearings to the trial itself, having a skilled attorney like Jacqui Ford by your side ensures that your story is heard and that your rights are protected throughout the court process. Contact us today!
