Aiding & Abetting Lawyer in Jacksonville

Facing Criminal Charges for Someone Else's Actions?

You don't have to be the person who physically committed a crime to face serious criminal charges in Florida. If prosecutors believe you intentionally helped someone commit an offense, you may be held responsible for that crime even if you were not at the scene.

At Owenby Law, P.A., our Jacksonville criminal defense attorneys examine what prosecutors claim you did, what you knew, and whether the evidence supports their allegations. We review police conduct, witness accounts, and potential defenses through a collaborative approach tailored to your case.

Our attorneys bring more than 125 years of combined legal experience. Senior Attorney Dustin Nemati began his career as a prosecutor in the Fourth Circuit State Attorney's Office in Jacksonville, handling misdemeanor and felony hearings and trials. His background provides insight into how criminal allegations are investigated, charged, and prosecuted.

What Does Aiding and Abetting Mean Under Florida Law?

Under Florida Statute § 777.011, a person who intentionally assists, encourages, advises, hires, or otherwise helps bring about a criminal offense may be held liable as a principal in the first degree.

This means someone who participates in committing or attempting a crime may face liability for the underlying offense even when another person physically carries it out.

However, being associated with someone accused of a crime does not automatically establish criminal responsibility.

The prosecution must establish the elements necessary for principal liability, including the required criminal intent and conduct connected to the offense.

What Must Prosecutors Prove?

In evaluating an aiding and abetting allegation, important questions include:

• Did the accused intend for the underlying crime to occur?
• Did the accused take an action or make a statement intended to assist, encourage, or facilitate the crime?
• Did that conduct actually contribute to the commission or attempted commission of the offense?
• Does the evidence establish intentional participation rather than mere association or presence?

These distinctions matter because prosecutors may rely on communications, witness testimony, financial transactions, or other circumstantial evidence to support their allegations.

Our attorneys examine the evidence in context and assess whether it establishes the elements of the charged offense.

Defending Against Aiding and Abetting Allegations

An aiding and abetting defense begins with the prosecution's specific theory of participation. We examine whether the available evidence supports the alleged criminal intent and whether the accused person's actions meet the legal requirements for principal liability.

Potential defense issues may include:

• Lack of criminal intent: Whether the accused intended to facilitate the underlying offense.
• Mere presence or association: Whether the evidence establishes participation rather than simply being present or knowing the alleged offender.
• Insufficient evidence of assistance: Whether the alleged conduct actually supports principal liability.
• Unreliable witness testimony: Whether statements, identifications, or accounts contain inconsistencies.
• Constitutional violations: Whether law enforcement obtained statements or other evidence unlawfully.

Not every defense applies to every case. We consider the specific charge, available evidence, and applicable Florida law before recommending a course of action.

Criminal Charges That May Involve Accomplice Liability

Principal liability can arise in connection with different criminal offenses. The underlying charge determines which elements prosecutors must establish and what penalties may apply.

Our firm handles criminal matters involving:

• Drug crimes, including possession, distribution, and trafficking allegations
• Theft crimes, including burglary, robbery, and other property offenses
• White-collar crimes, including fraud and other financial offenses
• Other felony and misdemeanor allegations

For example, when several people are accused of participating in a theft or drug-related offense, prosecutors may examine each person's alleged role rather than only who physically possessed property or carried out a particular act.

Aiding and abetting is a theory of criminal responsibility under Florida law, not necessarily a separate offense with one uniform penalty.