Can a defendant who commits assault with a firearm during a first-degree robbery receive a concurrent sentence for assault with the firearm?

California, United States of America


The following excerpt is from People v. Latif, B266094 (Cal. App. 2018):

Defendants contends, the prosecution concedes, and we agree that the concurrent sentence for assault with a firearm must be stayed pursuant to section 654. The robbery and assault of one of the restaurant owners were committed with a single objective, to steal money from the cash register which the restaurant owner controlled, and were part of an indivisible transaction. (People v. Beamon (1973) 8 Cal.3d 625, 637 [defendant who commits assault with a deadly weapon in the commission of first degree robbery may be convicted of both offenses but not separately punished].)

Page 5

Other Questions


Can a defendant who committed an assault with intent to commit sex crimes such as kidnapping, rape and forcible oral copulation receive a determinate sentence for the assault that followed? (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)
What factors will a judge consider when deciding whether to sentence a defendant to a consecutive or concurrent sentence for assault with intent to murder and assault against two victims? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
What is the test for sentencing a defendant to two concurrent sentences for unlawful possession of a firearm and the possession of ammunition that is loaded in the firearm? (California, United States of America)
In what circumstances will the court impose a lesser sentence on a defendant who was convicted of assault with intent to murder and possession of an assault weapon, but who also has firearms enhancements? (California, United States of America)
What are the reasons for a judge to sentence a defendant to two concurrent sentences for a charge of assault with intent to pervert the course of justice? (California, United States of America)
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
What is the range of sentences for a man convicted of a serious-felony assault, assault and assault committed under section 654 of the California Criminal Code? (California, United States of America)
Does section 654 of the Criminal Code require concurrent sentences for assault and assault against two defendants be stayed? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.