Being the sole perpetrator of a crime is straightforward in terms of criminal liability. Whether a person commits fraud or other offenses like theft or embezzlement, they may be facing serious legal consequences.
However, being the sole actor is different from participating in a criminal conspiracy and from aiding and abetting a crime. Under Texas law, there are important distinctions between these offenses.
Understanding the distinction
Here are the elements that make conspiracy and aiding and abetting different from each other. A person commits conspiracy when:
- Two or more people agree to commit a crime.
- They agree to carry out a specific criminal act.
- At least one person takes an overt action towards committing the crime.
- All parties can be held responsible, even if the crime doesn’t occur.
A person is guilty of aiding and abetting when:
- They assist or encourage someone else to commit a crime.
- They don’t need to be present when the crime occurs.
- They know they are helping in a criminal act.
- The main crime is actually committed or attempted.
Conspiracy is the agreement to commit a crime while aiding and abetting is the act of helping someone else commit a crime. Think of it this way: conspiracy is like being part of the planning while aiding and abetting is like being the helpful assistant of the actual crime. It’s possible for a Texas court to consider aiders and abettors equally culpable as the primary actor in the crime.
Example of the two
Here’s a scenario involving insurance fraud to highlight the difference. John and Sarah hatch a plan to stage a car accident and file a false insurance claim. They carefully plot the details together, and John takes the first step by intentionally damaging his car. Even if they never file the claim, prosecutors could charge both with conspiracy to commit insurance fraud due to their agreement and John’s overt act.
For aiding and abetting, picture Mark learning about John and Sarah’s scheme. While he doesn’t participate in the planning, he agrees to provide a false witness statement about the “accident” when the insurance company makes an inquiry. Mark’s actions could lead to charges of aiding and abetting insurance fraud, as he directly assists in executing the actual crime.
There are criminal charges for both offenses. However, their roles in criminal activity shape the specific charges they might face.