Federal Crimes:
Conspiracy, Aiding & Abetting,
Accessory After the Fact

If you are involved in a crime with another person, then there are three possible crimes you can be charged with; Conspiracy; Aiding and Abetting; or Accessory after the fact.


The difference between these three charges is simply timing. Conspiracy refers to agreements made before the commission of the crime.


Legally speaking, the terms “aid” and “abet” are redundant because they mean the same thing: they both mean that you are assisting another in the commission of a crime.


Likewise, if you have been charged with accessory after the fact, it means that you have been charged with assisting a criminal. However, this time it does not mean that you assisted with the commission of the crime, but specifically with assisting the criminal after the commission of the crime.


The most important thing to remember if you have been charged with a “aiding and abetting” is that Nevada law makes no distinction between the person who commits a crime and anyone who aids and abets with that crime. In other words, you will be facing the same penalties as the person who committed the crime.


Contact Lipp Law today for a free consultation to discuss your case and your rights.

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Frequently Asked Questions

  • What is the legal definition of Conpiracy?

    “Conspiracy” in Nevada is defined as "an agreement between two or more persons for an unlawful purpose.” In other words, if two or more people agree to commit a crime, they can be charged with conspiracy.


    Nevada law for conspiracy differs from Federal law in that the Federal law requires that the prosecutor prove, beyond a reasonable doubt, that the alleged conspirator committed an “overt act” in furtherance of the intended crime. Nevada law does not require the “overt act” element.


    If you are wondering what constitutes an “overt act,” just know that the language is intentionally vague so that prosecutors can look for any act that you may have done as part of the conspiracy, and argue that it was an “overt act.”

  • What is the legal definition of Aiding and Abetting?

    The legal definition of “aiding and abetting” is assisting, encouraging, counseling, or helping another person to commit a crime. Those who assist others in the commission of a crime are often commonly referred to as “accomplices,” and the fact that they are charged with “aiding and abetting” is known as “accomplice liability.”


    Some common forms of aiding and abetting are:


    • Acting as a lookout;
    • Driving a person to or from the scene of a crime;
    • Hiding stolen goods gained from the commission of a crime;
    • Lying to the police on behalf of the perpetrator;
    • Providing information or supplies to help the perpetrator of a crime carry out the crime.

  • What is the legal definition of Accessory After the Fact?

    “Accessory after the fact” is a legal term that describes anyone who assists an alleged criminal escape prosecution or sentencing for past crimes. Some examples of accessory after the fact:


    • Concealing the alleged criminal;
    • Destroying, hiding, or disposing of evidence of a crime;
    • Assisting a fugitive avoid capture;
    • Providing the police with false information regarding an alleged criminal.

    There are a few related offenses that may also be charged:


    • Offering False Evidence;
    • Resisting Arrest;
    • Obstructing police.

Penalties

What you need to know

Okay, so what are the penalties?


The penalty for each can vary wildly, and are usually dependent on the crime associated with the conspiracy, aiding, or accessory.


Please Note: All of the below crimes may lead to deportment if the underlying crime was one of moral turpitude, or other deportable crime.

The punishment for conspiracy in Nevada depends on what crime you were allegedly conspiring to commit.


In Nevada, conspiracy is a category B felony, carrying a sentence of 1-6 years in prison, if you were conspiring to commit:


  • Murder (which carries a stricter penalty of 2-10 years in Nevada State Prison and a possbile fine of up to $5,000);
  • Robbery;
  • Sexual assault;
  • Kidnapping in the first or second degree;
  • Arson in the first or second degree;
  • Using another person’s ID to harm or impersonate them;
  • Human trafficking;
  • Sex trafficiking;
  • Involuntary servitude;
  • Racketeering (which carries with it a sentence of 5-20 years in prison and fines up to $25,000)

Conspiracy to commit any other crime, other than those listed above, is a gross misdemeanor in Nevada, which carries with it a sentence of up to 364 days in Clark County Detention Center and/or fines up to $2,000. Some common conspiracies include:


  • Committing any act injurious to the public health or morals, trade or commerce, or for the perversion or corruption of public justice or the administration of justice;
  • Cheating or defrauding another out of any property by unlawful or fraudulent means; or
  • Accomplishing any criminal or unlawful purpose, or any lawful purpose by criminal or unlawful means

Nevada makes no distinction between accomplices and principals when it comes to crimes. This means that in most cases, the penalty for “aiding and abetting” a crime is the same as the underlying crime (there is one main exception – aiding and abetting second degree kidnapping carries with it the same term of incarceration as the underlying crime but the underlying crime also carries a fine of up to $15,000, while aiding and abetting carries no possible fine).


If you have been charged with aiding and abetting, you could be facing probation, fines, and possibly even prison time. If you think you are in a position to be charged with aiding and abetting a crime, you should contact an attorney.


If you have been charged as an “Accessory after the fact,” the penalties depend on what crime you were an accessory to, as well as what other crimes you were charged with:


  • Acting as an accessory to a felony is usually charged as a category C felony in Nevada carrying with it a 1-5 year sentence in a Nevada State Prison and up to $10,000 in fines;
  • Acting as an accessory to a gross misdemeanor is generally charged as misdemeanor, carrying with it a sentence of between 30 days and 6 months in jail and/or between $100 and $500 in fines;
  • Offering false evidence is a category D felony carrying a sentence of between 1 and 4 years in prison, and possible fines up to $5,000;
  • Resisting arrest is a misdemeanor, carrying a sentence of up to 6 months in jail and/or up to $1,000 in fines;
  • Obstructing a police officer is a misdemeanor carrying a sentence of up to 6 months in jail and/or up to $1,000 in fines.

Defense

We at LippLaw are dedicated to giving you the best defense for your case.

Are there any defenses?


Of course there are. Let's break it down by each charge.




Conspiracy


Conspiracy is often a very difficult crime to prosecute because of the difficulty in providing evidence of the agreement. Some common defenses include:

No agreement

The prosecutor must demonstrate that you were an actual party to an agreement to commit a crime. If you merely knew of an agreement to commit a crime, or you have discussed an agreement to commit a crime, but were not actully part of the agreement, then the charges should be dropped

Insufficient evidence

If there is not enough reliable evidence to show that you were party to the agreement, then the charges should be dropped

Inadmissible evidence

If the charges against you stem from evidence obtained by way of an illegal search, then the evidence should not be admitted and the charges should be dropped

Entrapment

If you were coaxed into becoming a party to a conspiracy that you otherwise would not have been a party to, then you may have a defense to the conspiracy charge.

Please Note: Nevada does not require that both parties to a conspiracy intend to commit the crime. In other words, it does not matter if one of the parties to the conspiracy was an undercover police officer. So long as you willingly became a party to the agreement, you can still be charged and convicted of conspiracy.

Aiding and Abetting


There are a number of possible defenses that may apply if you have been charged with aiding and abetting a crime. You should consult with an attorney as soon as you learn of the possible charges.

No Aiding and Abetting

Knowledge of a crime or presence at a crime scene does not automatically make you an accomplice. So long as you did not facilitate the crime, you were not aiding or abetting.

No knowledge of the crime

You cannot be guilty of aiding and abetting a crime if you had no knowledge of the crime. In other words, the prosecutor must prove beyond a reasonable doubt that you knew, or should have known, of the underlying crime, then the charges should have been dropped.

Defendant withdrew from the crime

If you initially plan to aid and abet a crime, you can still avoid accomplice liability if you 1) notify everyone involved in the crime that you are no longer participating, and 2) do everything in your power to prevent the crime from happening (this can even include tipping off the police).

Crime has already been committed

In Nevada, if you knowingly assisted a criminal after the commission of a crime, you can only be charged with the crime of accessory after the fact, not for aiding and abetting.

No intent to Aid and Abet

If you did not know that you were aiding and abetting in a crime, or had no intent to help, then the charges should be dropped.

There was no crime

If you are charged with aiding and abetting a crime, then there must have been an underlying crime. If there was no underlying crime, then you cannot be convicted of aiding and abetting said crime.

False accusation

If you were falsely accused, you have a defense to charges of aiding and abetting.

Insufficient evidence

The prosecutor must prove, beyond a reasonable doubt, that you aided and abetted a crime. If there is not enough evidence to prove that you aided and abetted a crime, then the charges should be dropped.

Accessory After the Fact


As with Conspiracy and Aiding and Abetting, there are a few different defenses to a charge of Accessory after the fact.

Duress

If you were threatened with imminent and serious harm, then your actions to avoid that harm cannot incur conspiracy charges (duress is not, however, a defense to the crime of murder in Nevada)

False accusation/Mistaken Identity

If you were not the person who actually assisted the alleged criminal, then the prosecutor should not be able to prove that you were an accessory.

Insufficient evidence

The prosecutor must be able to prove, beyond a reasonable doubt, that you were an accessory. If there is not enough evidence to prove every element beyond a reasonable doubt, then the charges should be dropped.

Lack of Knowledge

Accessory after the fact requires that you knew you were assisting a someone after they committed a crime. If it cannot be proved that you knew the person had committed a crime, or that you knew you were helping them escape prosecution, the charges should be dropped.

Bystander

Simply witnessing or knowing of a crime and doing nothing about it does not make you an Accessory. So long as you undertook no action to help the alleged criminal, and so long as there was no legal duty for you to report your knowledge, then the charges should be dropped.

What should I do if I’ve been charged with Conspiracy, Aiding and Abetting, or Accessory After the Fact?


If you have been charged with any of the previous offenses, you should contact an attorney as soon as possible to discuss possible penalties and defenses. Contact Lipp Law today.

THE ABOVE INFORMATION IS PROVIDED FOR GENERAL REFERENCE PURPOSES AND SHOULD NOT BE CONSIDERED AS A GUIDE TO YOUR SPECIFIC CIRCUMSTANCES.

Related Laws

Laws as defined by the NRS and explanations

Parties to Crimes

  • NRS 195.01 - Classification of parties to crimes

    Parties to crimes are classified as:

          1.  Principals; and

          2.  Accessories.

  • NRS 195.020 - Principals

    Every person concerned in the commission of a felony, gross misdemeanor or misdemeanor, whether the person directly commits the act constituting the offense, or aids or abets in its commission, and whether present or absent; and every person who, directly or indirectly, counsels, encourages, hires, commands, induces or otherwise procures another to commit a felony, gross misdemeanor or misdemeanor is a principal, and shall be proceeded against and punished as such. The fact that the person aided, abetted, counseled, encouraged, hired, commanded, induced or procured, could not or did not entertain a criminal intent shall not be a defense to any person aiding, abetting, counseling, encouraging, hiring, commanding, inducing or procuring him or her.

  • NRS 195.030 - Accessories

          1.  Every person who is not the spouse or domestic partner of the offender and who, after the commission of a felony, destroys or conceals, or aids in the destruction or concealment of, material evidence, or harbors or conceals such offender with intent that the offender may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a felony or is liable to arrest, is an accessory to the felony.

          2.  Every person who is not the spouse, domestic partner, brother or sister, parent or grandparent, child or grandchild of the offender, who, after the commission of a gross misdemeanor, harbors, conceals or aids such offender with intent that the offender may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a gross misdemeanor or is liable to arrest, is an accessory to the gross misdemeanor.

          3.  As used in this section, “domestic partner” means a person who is in a domestic partnership that is registered or recognized pursuant to chapter 122A of NRS, and that has not been terminated pursuant to that chapter.

  • NRS 195.040 - Trial and punishment of accessories

          1.  An accessory to a felony may be indicted, tried and convicted either in the county where he or she became an accessory, or where the principal felony was committed, whether the principal offender has or has not been convicted, or is or is not amenable to justice, or has been pardoned or otherwise discharged after conviction. Except as otherwise provided in this subsection and except where a different punishment is specially provided by law, the accessory is guilty of a category C felony and shall be punished as provided in NRS 193.130. An accessory to a felony who is the brother or sister, parent or grandparent, child or grandchild of the principal offender and who is an accessory to a felony pursuant to subsection 1 of NRS 195.030 is guilty of a gross misdemeanor.

          2.  An accessory to a gross misdemeanor may be indicted, tried and convicted in the manner provided for an accessory to a felony and, except where a different punishment is specially provided by law, shall be punished by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.

  • Conspiracy: NRS 199.480 - Penalties

          1.  Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300, facilitating sex trafficking in violation of NRS 201.301 or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:

                (a) If the conspiracy was to commit robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300, facilitating sex trafficking in violation of NRS 201.301 or a violation of NRS 205.463, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or

                (b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years,

       ->  and may be further punished by a fine of not more than $5,000.


          2.  If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.


          3.  Whenever two or more persons conspire:

                (a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;

                (b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;

                (c) Falsely to institute or maintain any action or proceeding;

                (d) To cheat or defraud another out of any property by unlawful or fraudulent means;

                (e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;

                (f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or

                (g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,

      ->   each person is guilty of a gross misdemeanor.

  • Conspiracy: NRS 199.490 - Overt act not necessary

    In any such proceeding for violation of NRS 199.480, it shall not be necessary to prove that any overt act was done in pursuance of such unlawful conspiracy or combination.