A criminal charge of aiding and abetting is known as an accomplice crime, and may be brought against anyone who helps with the commission of a crime. Aiding and abetting charges vary from state to state (and under federal law), but generally require that the defendant knowingly and intentionally aided and abetted the principal(s) in each essential element of the underlying crime. A person charged with aiding and abetting is often not present when the underlying crime is committed, but has knowledge of the crime before the crime is committed, and assists with the commission of the crime by providing information, action, or financial support. If the person aiding and abetting has a sufficient degree of involvement in the crime, the participation may rise to the level of being a conspiracy to commit the underlying crime.
In Georgia, aiding and abetting is encompassed under the concept of being a party to a crime. According to Georgia law, specifically O.C.G.A. § 16-2-20, a person can be charged with a crime if they directly commit the crime, intentionally help in the commission of the crime, or intentionally advises, encourages, hires, counsels, or procures another to commit the crime. The law does not require the accomplice to be physically present at the scene of the crime to be charged. The level of involvement, as in providing information, action, or financial support, must be with the intent to facilitate the commission of the underlying crime. If the involvement is significant enough, it could also be considered a conspiracy, which is a separate offense under Georgia law. The penalties for aiding and abetting are generally the same as for the principal offender who actually committed the crime.