What Is Aiding and Abetting Second-Degree Manslaughter? Aiding and Abetting Second-Degree Murder?
The trial of Derek Chauvin for the murder of George Floyd drew worldwide attention. Chauvin was convicted of unintentional second-degree murder, third-degree murder, and second-degree manslaughter in 2021. By 2023, the three other officers involved had all been convicted of aiding and abetting second-degree manslaughter. Although George Floyd’s case has been finalized, it lives on in the public consciousness. However, you might wonder — what do all these charges mean?
The attorneys of Wolfe & Stec, Ltd. believe everyone involved in the criminal justice system deserves fair representation and the assumption of innocence until proven guilty. If you’re arrested or are the target of a criminal investigation, your voice will be heard, and you will get the most effective defense possible in your case.
Does Every State Have Charges of Aiding and Abetting Second-Degree Manslaughter?
Every state’s criminal laws are unique. Floyd’s murder took place in Minnesota. If the three officers’ trials had taken place under Illinois law, the outcome may have been different. There is no second-degree manslaughter in Illinois law, though the officers’ crimes may have been charged as involuntary manslaughter had they happened here.
What does aiding and abetting second-degree murder mean? Aiding and abetting means helping someone commit a crime and intentionally providing that help. Working at a gas station used by a murderer to fuel his getaway car wouldn’t mean you aided and abetted a crime. However, suppose that you acted as a lookout while you knew a murder was taking place and warned the murderer that the police were approaching. In that situation, you could reasonably be charged with aiding and abetting.
What Is Aiding and Abetting?
If You Intentionally Help Someone Commit a Crime, You May Be Charged
Illinois statute §720 ILCS 5/5-1,2,3, subsection 5-1 states, in part, “Accountability for conduct of another. A person is responsible for conduct which is an element of an offense if the conduct is either that of the person himself, or that of another and he is legally accountable for such conduct.”
Subsection 5-2 partially states: “A person is legally accountable for the conduct of another when…during commission of an offense, and with the intent to promote or facilitate that commission, he or she…aids, abets, agrees, or attempts to aid that other person in the planning or commission of the offense.”
Possible defenses to an aiding-and-abetting charge could be, depending on the facts:
Withdrawal
The defendant changed their mind and withdrew their intent to help with the crime. This was clearly communicated to the others involved in the crime, and the defendant did what could reasonably be done to stop the crime from happening.
Didn’t Actually Assist
The person didn’t help in the commission of the crime in any way. He or she was just a bystander.
Duress
The defendant helped commit the crime because they were forced to do so when they were threatened with retaliation if they did not.
Intent
The defendant didn’t intend to help someone commit a crime.
Underlying Crime Didn’t Happen
To be guilty of aiding and abetting a crime, a crime must have been committed. In this case, if a second-degree murder wasn’t committed, the defendant couldn’t have been involved in it.
While there’s no way to guarantee a certain legal outcome, having a competent defense lawyer can mean the difference between receiving a felony conviction and walking away with your freedom. Call Wolfe & Stec, Ltd, at 630-305-0222 to book your free consultation.
What Is Aiding and Abetting Second-Degree Murder?
What does aiding and abetting second-degree murder mean? Second-degree murder is a first-degree murder but with mitigating factors. Under state law, first-degree murder is killing someone without legal justification and:
- The intent is to kill or do great bodily harm, or the person knows violent acts will cause death, or
- The acts create a strong probability of death or great bodily harm, or
- The person is committing a forcible felony or trying to, other than second-degree murder.
Second-degree murder under §720 ILCS 5/9-2 is defined as committing first-degree murder with one of these mitigating factors being present at the time of the killing:
- They are acting under a sudden and intense passion caused by a serious provocation by the victim or another whom the offender tries to kill and negligently or accidentally kills them, or
- They believe the killing is legally justified, but that belief is unreasonable.
Essentially, while both first-degree murder and second-degree murder result in death of a victim, first-degree murder is a more calculated and deliberate act.
It may seem as though aiding and abetting murder is a less serious crime than murder itself. However, those found guilty of aiding and abetting can be punished for the same crime as the main perpetrator. Murder in the second degree is a class one felony. If found guilty of intentionally helping someone commit second-degree murder, the sentence would be between four and 15 years in prison plus two years of mandatory supervision.
What Is Aiding and Abetting Second-Degree Manslaughter?
What does aiding and abetting second-degree manslaughter mean? Though second-degree manslaughter is a charge in Minnesota, no such crime exists in Illinois. A similar charge would be involuntary manslaughter. That’s defined as unintentionally killing someone without lawful justification if the acts killing the person are likely to cause death or great bodily harm to someone and they’re performed recklessly.
Acting recklessly is to consciously ignore a substantial and unjustifiable risk that circumstances exist or that a result will happen. The disregard shown must be a gross deviation from the usual care a reasonable person would use in the situation.
This is a class three felony, which generally carries a potential prison sentence of two to five years plus one year of mandatory supervised release. Aiding and abetting involuntary manslaughter would mean intentionally helping the person commit the crime.
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Contact Wolfe & Stec, Ltd. for a Free Consultation
If you or a loved one is charged with aiding and abetting, involuntary manslaughter, or second-degree murder, the best way to help yourself is by hiring the most skilled and experienced criminal defense attorney you can find. The case may seem impossible to defend, but with skillful representation, you have a chance. The burden is on the government to prove, beyond a reasonable doubt, that you are guilty. The burden’s not on you to prove your innocence.
At Wolfe & Stec, Ltd, we are committed to the idea that every person is innocent until proven guilty, and we treat all clients with the care and respect they deserve. We have law offices in DuPage County (Woodridge, IL) and Cook County (Chicago) offering free consultations. Call us at 630-305-0222 today to schedule one.