What is the Difference Between Aiding and Abetting and Conspiracy?

The crimes of conspiracy and aiding and abetting can be easily confused, as they involve similar conduct with multiple criminal actors working towards achieving a common goal. However, there are key differences between the two:

1. Agreement: Conspiracy requires an agreement between two or more people to commit a crime. In contrast, aiding and abetting only requires that the accomplice intend to facilitate another's commission of a crime.
2. Timing: A major difference between the charges is the timing of the involvement. If an individual is involved in a criminal scheme from its inception, they are likely facing a conspiracy charge. If they join in and embrace the criminal activity of another while helping them attempt to complete the crime, they are likely facing an aiding and abetting charge.
3. Presence: Mere presence at the scene of a crime is not sufficient to establish aiding and abetting. Someone who is merely present while a crime occurs and does nothing is not considered an accomplice.

Both conspiracy and aiding and abetting are considered inchoate crimes, meaning they are acts taken toward committing a crime or acts that constitute indirect participation in a crime. In theory, a person can be charged with both conspiracy and the actual crime itself, as they are seen as two separate offenses in criminal law.

Comparative Table: Aiding vs Abetting vs Conspiracy

Here is a table outlining the differences between aiding and abetting and conspiracy:

Both aiding and abetting and conspiracy are punishable by law, with the punishment for aiding and abetting being as severe as the punishment for the underlying crime. The punishment for conspiracy may also be quite severe, but it varies by state.