Can a defendant be prosecuted separately for each crime committed under the same law?
California, United States of America
The following excerpt is from People v. Harris, 192 Cal.App.3d 1197, 238 Cal.Rptr. 31 (Cal. App. 1987):
The mere fact that a sentence is served concurrently does not necessarily mean that it was part of a single course of conduct. Where a defendant has [192 Cal.App.3d 1203] multiple criminal objectives, as here, he can be prosecuted separately for each such incident without violating Penal Code section 654's prohibition against multiple punishment. (People v. Perez (1979) 23 Cal.3d 545, 551, 153 Cal.Rptr. 40, 591 P.2d 63.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
What is the test for an ex post-prosecutions clause in the Criminal Code when a defendant is charged with a crime committed before the crime was committed? (California, United States of America)
What is the test for determining whether a crime committed by the same person as a separate crime is separate and involved separate objectives? (California, United States of America)
Is a defendant who commits a violent crime against several victims more culpable than a violent offender who commits violent crimes against one person more than one? (California, United States of America)
Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence? (California, United States of America)
Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed? (California, United States of America)
Is an assault committed as an attempt to commit a crime separate and distinct from a crime? (California, United States of America)
Does a defendant have time to reflect before committing each criminal act, such that each one can be considered a separate crime subject to separate punishment? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
