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 West Virginia, aiding and abetting is addressed under the state's accomplice liability laws. These laws stipulate that a person can be charged with a crime if they intentionally help, encourage, or facilitate the commission of that crime, even if they are not the principal offender. The individual charged with aiding and abetting must have knowledge of the criminal intent of the principal actor and must actively contribute to the execution of the crime. This can include providing information, resources, or any form of support that enables the principal to commit the offense. The level of involvement can determine whether the charge is for aiding and abetting or for conspiracy, which involves an agreement to commit a crime and an overt act in furtherance of that crime. The penalties for aiding and abetting are typically the same as for the principal offense, meaning that an accomplice can face the same consequences as the person who directly committed the crime.