Los Angeles Aiding and Abetting Defense Attorney

Being accused of helping someone else commit a crime does not feel secondary when your freedom is on the line. Under California law, an alleged “accomplice” can face the same punishment as the person who pulled the trigger, took the cash, or sold the drugs. Suppose you or a loved one is under investigation or has already been charged under California Penal Code § 31 for aiding and abetting. In that case, you need a criminal defense team that understands the statute's fine points and the local courtroom culture in Los Angeles. Former Deputy District Attorney Michael Kraut and Kraut Law Group Criminal & DUI Lawyers, Inc. deliver legal precision and strategic insight.

Penal Code § 31 makes it a crime to aid, abet, advise, or encourage another person in the commission of an offense. California treats an aider and abettor as a principal, which means:

• You may be charged and sentenced exactly like the person who committed the offense.
• No separate statute of limitations applies; the limitations period for the underlying crime controls.
• Liability extends to inchoate offenses such as attempts and crimes completed by co-participants, even if you never entered the crime scene.

Los Angeles prosecutors frequently allege aiding and abetting liability in robberies, burglaries, organized retail theft cases, gang-related assaults, and street-racing fatalities. Because many of these filings rely on circumstantial evidence, text messages, social-media posts, or fleeting surveillance video, the right defense strategy can turn a weak theory into a quick dismissal.

To convict, the District Attorney must establish each of the following beyond a reasonable doubt:

• A crime was, in fact, committed by the principal.
• You knew the principal’s unlawful purpose. Even with knowledge that a crime is occurring, a mere presence at the scene is not enough.
• Before or during the crime, you intended to aid, facilitate, promote, or encourage the offense. Intent formed after completion does not create liability.
• Your words or conduct aided or encouraged the principal. Passive approval is insufficient; some action, however small, must link you to the wrongdoing.

Until 2019, prosecutors often used the “natural and probable consequences” theory to extend liability far beyond the intended crime, especially in murder cases. Senate Bill 1437 and the Supreme Court’s decision in People v. Gentile (2020) eliminated that doctrine for murder, but it can still apply to non-homicide target crimes. Understanding this distinction is critical:

• Direct aiding & abetting requires the specific intent described above.
• Natural-and-probable-consequences liability now survives mainly for non-homicide offenses, where an aider can be liable for any additional offense that is a natural, foreseeable outgrowth of the intended crime.

A savvy defense lawyer will pinpoint whether the District Attorney is relying on an outdated theory and move swiftly to strike it.

• A getaway driver waits down the block while a co-participant shoplifts high-end merchandise on Melrose Avenue.
• Friends exchange text messages planning to tag a Metro station with gang graffiti; one supplies the spray paint but never leaves home.
• A roommate knowingly lends her vehicle to a boyfriend who later commits an armed robbery in South Los Angeles.
• A group involved in illegal street takeovers blocks traffic, enabling another driver to perform a sideshow that ends in a fatal collision.

In each scenario, prosecutors may argue the non-acting participant facilitated the crime, even if they never set foot inside the store, wielded a weapon, or expected anyone to get hurt.

Because an aider and abettor is punished “as a principal,” sentencing mirrors the underlying crime:

• Robbery: 3–9 years in state prison, plus 10 years if a firearm was used (§ 12022.53).
• Residential burglary: 2–6 years, with a possible strike under the Three Strikes law.
• Assault with a firearm: 2–4 years, plus mandatory firearm enhancements.
• Murder: 15 years to life, 25 years to life, or life without parole, depending on special circumstances.
• Gang enhancements (§ 186.22) can add 2–15 years.
• Great-bodily-injury enhancements (§ 12022.7) add 3–6 years.

Early negotiation can sometimes reduce or dismiss enhancements even when the underlying charge remains.

• Immigration: Many aiding-and-abetting convictions are “aggravated felonies” or “crimes involving moral turpitude,” leading to deportation or denial of naturalization.
• Professional licenses: Nurses, teachers, real estate brokers, and contractors must report convictions and face discipline.
• Firearm rights: Felony convictions impose a lifetime ban on firearm possession under state and federal law.
• Employment and housing: Background checks by rideshare companies, apartment managers, and public-sector employers routinely flag aiding-and-abetting convictions.

Addressing these impacts often requires parallel strategies, such as record mitigation letters, immigration consultations, or future expungement planning, implemented before the case ends.

Every case turns on its facts, but common defenses in Los Angeles include:

• Withdrawal or abandonment
  • Clear communication to all participants that you are backing out before the crime occurs; and
  • Genuine efforts to discourage or prevent the offense (e.g., calling law enforcement or warning the victim).
• Lack of knowledge
  • You did not know the principal’s plan or intent.
  • Prosecutors often rely on ambiguous text chains or social-media comments; contextualizing those messages can destroy the inference of knowledge.
• No intent to aid or encourage
  • Mere presence, friendship, or after-the-fact approval is insufficient.
  • Evidence may show you were coerced, surprised, or mistakenly believed the conduct was lawful.
• Mistake of fact or misidentification
  • Eyewitness error is standard in fast-moving group crimes.
  • Surveillance footage or cell-tower data can prove you were elsewhere.
• Duress or coercion
  • You acted under a credible, imminent threat of harm.
  • Duress can negate intent and, in specific violent-felony contexts, reduce culpability.
• Illegally obtained evidence
  • Fourth Amendment violations during vehicle stops or digital-device searches can lead to suppression, gutting the prosecution’s case.

A tailored strategy often combines several defenses, supported by forensic experts, investigator interviews, and aggressive pre-trial motions.

The Los Angeles Police Department and the Sheriff’s Major Crimes Bureau routinely collaborate with the District Attorney’s office long before an arrest is made. By retaining counsel early, you gain:

• Pre-file advocacy: Presenting exculpatory evidence to detectives and filing deputies may prevent charges altogether.
• Bail preparation: Persuasive bail packages in arraignment court can mean the difference between release and weeks in custody.
• Evidence preservation: Surveillance footage, retailer data, and witness memories fade quickly; subpoenas and investigator outreach preserve critical proof.
• Control over narrative: Police reports often reflect a one-sided version. Early contact allows your story to be heard before opinions harden.

Michael Kraut’s background as a senior felony prosecutor gives him unique credibility in these early negotiations.

• Comprehensive case audit. We dissect the prosecution’s timeline, communications data, and physical evidence to expose gaps.
• Rapid-response investigation team. Former law-enforcement detectives locate surveillance video, canvass witnesses, and analyze digital footprints.
• Expert network. Forensic cell-site analysts, mental-health professionals, and gang-culture experts rebut prosecution theories.
• Local courtroom insight. Decades of practice in the Los Angeles Superior Court mean we know each judge’s sentencing tendencies and each prosecutor’s pressure points.
• Focused trial preparation. Even when dismissal is the goal, thorough trial readiness drives better plea offers and victories if trial becomes necessary.

Our record includes outright dismissals, no-file decisions, and hard-fought jury acquittals in aiding-and-abetting cases ranging from shoplifting rings to murder.

An aiding-and-abetting allegation can turn your life upside down, but decisive action today can change the outcome. Whether you are under investigation, already charged, or helping a loved one in custody, Kraut Law Group Criminal & DUI Lawyers, Inc. stands ready to protect your rights and future. Our downtown Los Angeles office is strategically located to serve clients in all courthouses county-wide, from Van Nuys to Compton. Contact us today for a free consultation at (323) 464-6453 or (888) 334-6344 or through our secure online form.