Under the common law doctrine of aiding and abetting, a person is considered to be a principal to a crime when: (1) a crime is committed by another, (2) the person knowingly advises, instigates, encourages, procures, or helps the other person commit the crime, and (3) his or her actions or statements caused or contributed to the commission of the crime by the other person. State v. Goode, 350 N.C. 247 (1999). Aiding and abetting is not a separate crime; rather, it merely describes a person’s participation in a crime. As a general rule, aiding and abetting becomes an issue when it is not clear whether the defendant committed any part of the crime. Typically, a person who aids or abets a crime is guilty of that crime and is punishable as provided for that crime. However, a few criminal statutes punish aiding and abetting at a lower level. See, e.g., G.S. 14-46 (providing that the main crime is punished as a Class I felony, while aiding and abetting the crime is a Class 1 misdemeanor). Some of the more common questions that I get asked about aiding and abetting are listed below. If you have others, let me know. 1. Can you get an aiding and abetting conviction before the principal in the first degree is convicted? Yes. The principal in the first degree need not be convicted before a person can be found guilty of aiding and abetting that principal. State v. Beach, 282 N.C. 261, 269 (1973) (citing State [...]
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