What is the appropriate punishment for a defendant who commits multiple crimes within a period of time?

California, United States of America


The following excerpt is from People v. Avila, B239400 (Cal. App. 2014):

Multiple punishments are appropriate where the defendant commits multiple offenses separated by periods of time during which reflection was possible. (People v. Surdi (1995) 35 Cal.App.4th 685, 689.) In Surdi, the defendant abducted the victim, stabbed him in a vehicle, and then after pausing to consider what to do, dragged him to a river bed and resumed attacking him. (Id. at pp. 687-688.)

Other Questions


What is the test for multiple convictions under section 654 of the California Criminal Code when one crime is committed within a short period of time but the other is not one crime? (California, United States of America)
If a defendant "entertained multiple criminal objectives which were independent of and not merely incidental to each other", can he be punished for multiple crimes committed in pursuit of the same objectives? (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 bar multiple sex offenders from receiving multiple punishment for multiple sex crimes committed during a single course of conduct? (California, United States of America)
When a defendant has been convicted of multiple violent sex crimes as defined in section 667.61, subdivision (i) of the California Criminal Code, what is the appropriate sentence for each sex crime committed on separate occasions? (California, United States of America)
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)
Does Section 654 preclude multiple punishment when a defendant committed crimes against multiple victims? (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)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
Is a burglary committed at two separate locations within a block of each other a crime committed at the same time on the same night? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.