Can You Be Charged with a Crime if You Weren’t There? Conspiracy, Solicitation, and Accomplice Liability Under California Law

When movies and television shows tell crime stories, they usually focus on the people at the crime scene. But did you know that in real life, it’s entirely possible to be charged with a crime even if you aren’t anywhere near where it happened?  

Most crimes require a particular result. For example, murder requires death. However, not all crimes require a completed result. In the law, inchoate means unfinished or incomplete. In California, inchoate crimes include solicitation and conspiracy. Also, aiding and abetting (also known as accomplice liability) can punish people who were not at the crime scene or did not directly create a particular result. 

This article outlines the law and policy behind solicitation, conspiracy, and aiding and abetting. It also explains how a Marin County criminal defense attorney can help. 

What Is Conspiracy Under California Law? 

Policy

A conspiracy is an agreement to commit a crime. Conspiracy is an inchoate crime because the planned crime may or may not happen. If the planned crime is successful, the parties can be punished for both the conspiracy and the target crime. But even if the crime never succeeds, the law believes that shared criminal purpose and planning make conspiracy particularly dangerous. Conspiracy allows the state to punish the planners. In fact, people can be punished for conspiracy even if they never attempt to carry out the crime. 

Definition 

Under California Penal Code § 182(a)(1), conspiracy requires proof that the defendant: 

• Intentionally 
• Entered into an agreement with at least one other person, and 
• Intended that the target crime be committed, and  
• One of the co-conspirators committed an overt act in furtherance of the agreement somewhere in California.

The District Attorney need not prove that there was a formal or explicit agreement. Agreement can be inferred from the facts of the case, such as people acting together to bring about the crime. 

An overt act is anything done by one of the co-conspirators that is done with the purpose of completing the target crime. However, the overt act itself does not need to be illegal. For example, two people agree to commit a kidnapping. One of them buys rope and other supplies at the hardware store to tie up the victim, and the other steals a car. Both of these are overt acts. 

Penalty

The penalty for conspiracy depends on the target crime. In other words, the punishment for conspiracy to commit murder is the same as murder. People can be convicted of both conspiracy and the target offense under certain circumstances. Your Marin County defense attorney can tell you more. 

What Is Solicitation in California?  

Policy

In solicitation, Person A asks Person B to commit a crime. Think of a mob boss who asks their subordinate to “take care of something.” If the crime succeeds, the boss will be nowhere near the scene. But the crime only happened because the boss requested it, so it is only fair that the boss also be punished. However, even if the person who is asked to commit the crime never even attempts to do so, the boss still asked someone to break the law. Solicitation punishes this dangerous act. 

Definition 

Under California law, to prove that a person is guilty of solicitation, the prosecutor must show that: 

• The defendant requested that another person commit the target crime,  
• The other person received the communication, and
• The defendant intended that the other person commit the target crime. 

In California, solicitation also requires corroboration. Corroborating evidence is evidence that (1) connects the

defendant to the crime and (2) does not come from the same witness who testified about the solicitation.  The first path to corroboration is to get two witnesses to testify. The second path is to provide one witness and corroborating circumstances. (If the person being solicited recorded the conversation, their testimony and the recordings would be sufficient.) 

Penalty

Like conspiracy, the punishment for solicitation depends on the crime solicited. Generally, the less serious the crime, the lower the punishment. For example, solicitation of murder is punished with three, six, or nine years in prison. As the crime that is solicited becomes less serious, so does the punishment. 

What Is Aiding and Abetting? 

Policy

Person A decides to rob a bank. A few days before, Person B, a disgruntled former bank employee, provides a helpful map of the bank. On the day of the robbery, Person C drives the getaway car. B and C weren’t at the scene. Also, while driving and map drawing are usually legal, when they are done to help a crime happen, they are not. A could not have pulled off the bank job without B’s and C’s help, so accomplice liability law ensures that these helpers are also punished. 

Definition 

Under California law, the prosecutor must first prove that someone (the perpetrator) committed a crime. Then, they must prove that the aider: 

• Knew that the perpetrator intended to commit the crime, and 
• Intentionally offered aid to the perpetrator either before or during the commission of the crime, and 
• Engaged in conduct that did, in fact, help the perpetrator complete the crime. 

Penalties

If a person is found guilty of aiding and abetting, they are treated as if they committed the target crime. So, a person who aids and abets a murder will be punished for murder. Additionally, under certain circumstances, an aider can be punished for the “natural and probable consequences” of the target crime. A natural and probable consequence is something that a reasonable person

would know is likely to happen in the absence of unusual circumstances. The natural and probable consequences doctrine is complex and has been changed by recent laws. Your Marin County criminal defense lawyer can tell you more. 

Need Legal Help Defending Against Conspiracy, Solicitation, or Aiding and Abetting Charges? 

Crimes like conspiracy, solicitation, and aiding and abetting carry serious consequences. Fortunately, there are ways to defeat these charges. These crimes have many defenses. Lack of intent is a defense to all three. Additionally, in any of these crimes, the facts can be challenged. After all, there is no conspiracy if there is no agreement and no solicitation if the request is never heard.
If you need a Marin County criminal defense attorney to help you with conspiracy, solicitation, aiding and abetting, or any other criminal charges,  call Brownstein Law Group. Our legal team is committed to going the extra mile and building the best possible defense for every client. To schedule a consultation, call 415-795-9059 or use our online contact form.