United States of America v. J.T. Myore

Rapid City, South Dakota criminal defense lawyer represnted the Defendant charged with carjacking amd bramdosjomg a foredar, during a crime of violence.



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Federal robbery and aiding and abetting laws, as defined under 18 U.S.C. § 2, hold individuals liable for the crimes of others if they assist in or encourage the commission of a federal offense. Essentially, anyone who aids, abets, counsels, commands, induces or procures the commission of a federal crime is punishable as a principal offender. This means an aider and abettor faces the same penalties as the person who directly committed the robbery.

Elements of Aiding and Abetting:

To be convicted of aiding and abetting a federal crime, the prosecution must prove:



1. The commission of an underlying federal offense:

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This means the primary offender committed a crime that violates a federal statute.

2. The defendant's knowledge of the offense:

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The defendant must have known about the primary offense and its illegal nature.

3. The defendant's intent to facilitate the crime:

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The defendant must have intended to assist, encourage, or participate in the commission of the offense.

4. The defendant's actions or inactions that further the offense:

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This can include providing assistance, encouragement, or even failing to act when there's a duty to prevent the crime.



Aiding and Abetting in the Context of Robbery:

In the case of robbery, which often involves taking property from another person by force or threat of force, aiding and abetting could involve actions like:



Driving a getaway car: Providing transportation to the robber after the crime.



Providing information or tools: Supplying the robber with knowledge or equipment that facilitates the robbery.

Serving as a lookout: Alerting the robber to the presence of potential victims or law enforcement.

Encouraging the robbery: Verbally or through actions, urging the robber to commit the crime.



Important Considerations:



Principal Liability:

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Aiding and abetting is not a separate crime, but rather an alternative means of incurring criminal liability for the underlying offense.

No Requirement to be a Principal:

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The person who actually committed the robbery does not need to be identified or convicted for an aider and abettor to be held liable.

Withdrawal Defense:

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In some cases, a defendant may have a defense if they effectively withdrew from the criminal venture before the crime was completed.

Accessory After the Fact:

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Assisting a criminal after the crime has been completed is typically considered a separate offense, such as being an accessory after the fact, and may carry a lesser penalty than aiding and abetting.

White Collar Crimes:

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Aiding and abetting charges are frequently seen in cases involving financial fraud and other white-collar crimes.

Count 1: 132 months imprisonment of which 120 months is to be served concurrent and 12 months to be served consecutive to the sentence imposed in 5:21-cr-50130; 3 years Supervised Release to run concurrently; $2,100.00 restitution; $100 Special Assessment/



Count 2: 60 months imprisonment to be consecutive to Count 6s, with 120 months concurrent and 24 months consecutive to the sentence imposed in 5:21-cr-50130; 3 years Supervised Release to run concurrently; $2,100.00 restitution; $100 Special Assessment; forfeiture of items.



County 3: 84 months imprisonment to be consecutive to Count 5s, with 120 months concurrent and 24 months consecutive to the sentence imposed in 5:21-cr-50130; 5 years Supervised Release to run concurrently; $2,100.00 restitution; $100 Special Assessment; forfeiture of items.