If I approach a person and offer to pay them to assault a third party and the assault took place, I assume that I would be guilty of some crime myself.

If, however, I approach a person and offer to pay their legal fees if they assault a third party, but not pay for the assault itself, would I also be guilty of a crime ??

  • Thinking of Trump, huh? I wonder to what extent jest can be given as a defense if you (he, Trump) were charged? – 608 Mar 14 '16 at 6:35
  • @fredsbend Since Trump's offer was made after-the fact, his hands may be clean. – Gary's Student Mar 14 '16 at 10:35

In both cases these are Inchoate offenses there are a whole bunch of common law offences you could be charged with depending on the specific facts, including:

Many of these common law offences have been abolished in many jurisdictions but where this is so, they have been replaced with similar statutory offences.

It doesn't matter if you agree to pay for the assault or to indemnify the person for their legal costs: you are offering something of value in return for a criminal act.

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  • To what extent can jest be offered up as a defense, if you were charged with this? "I said it as a joke." – 608 Mar 14 '16 at 6:36
  • @fredsbend or you could say nothing. The onus of proof beyond reasonable doubt rests with the prosecution. – Dale M Mar 14 '16 at 6:39
  • @DaleM Let's say you were on video saying it, much like Trump said at a rally. There is no doubt he said it. I could see him saying it was jest. – 608 Mar 14 '16 at 6:41
  • @fredsbend why don't you ask a question about that? Put in a link to a video – Dale M Mar 14 '16 at 20:34

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