Does Section 654 of the California Penal Code prohibit multiple punishments for a single assault?

California, United States of America


The following excerpt is from People v. Bennett, F074916 (Cal. App. 2019):

Section 654 precludes multiple punishments for a single act: "[a]n act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." (Id., subd. (a).) The statute's "reference to an 'act or omission' may include not only a discrete physical act but also a course of conduct encompassing several acts pursued with a single objective." (People v. Corpening (2016) 2 Cal.5th 307, 311 (Corpening).) Where a trial court sentences a defendant to separate terms without making an express finding the defendant entertained separate objectives, the trial court is deemed to have made an implied finding each offense had a separate objective. (People v. Osband (1996) 13 Cal.4th 622, 730-731.)

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