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To: Cboldt

I am not a lawyer, but if one was going to bring the assaults in as being part of a criminal gang I would think that statement would be part of the assault description. It is an interesting difference between the murder and assault statutes. I could easily see an assault law include being held accountable for the assaults committed by accomplices during another crime.


27 posted on 11/16/2015 9:50:09 AM PST by USNBandit (Sarcasm engaged at all times)
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To: USNBandit
-- ... if one was going to bring the assaults in as being part of a criminal gang I would think that statement would be part of the assault description. --

It's part of the Organized Crime statute, which points to the assault statute. Assault is a crime either way, but the "gang" statute says commission of certain specified underlying crimes as part of a gang, enhances the penalty associated with the underlying crime.

The "aid / abet / accomplice" statute is similar to the organized crime statute in that the underlying conduct must first be a crime, in order to apply the "aid / abet" widget.

The legal fiction worked by the "aid / abet" statute is that a person who aids or abets, actually committed the crime. There is no distinction between doing the crime, and helping somebody else do it.

28 posted on 11/16/2015 10:01:03 AM PST by Cboldt
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