What is the effect of section 654 of the California Code of Criminal Procedure on a defendant who has committed a crime against another person?

California, United States of America


The following excerpt is from People v. Tunstall, F059415, F059611, F059848, Super. Ct. No. 09CM2261 (Cal. App. 2011):

In pertinent part, section 654, subdivision (a), provides that "[a]n act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision." The purpose of this section is to ensure that a defendant's punishment is commensurate with his criminal liablity. (Neal v. State of California (1960) 55 Cal.2d 11, 20 (Neal))

Other Questions


Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does Section 26 exempt a person from criminal liability under section 26 of the California Criminal Code from a general intent crime if they committed the crime while unconscious? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does a new enhancement pursuant to section 667.5, subdivision (b) of the California Criminal Code apply to a defendant where the prior sentence was for a crime committed after the crime was committed? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
What is the test for section 654 of the California Criminal Code when a defendant has committed multiple crimes against the same person against different criminal objectives? (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)
Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)
Is it a crime to intentionally make a threat under section 422 of the California Criminal Code to commit a crime which will result in death or great bodily injury to another person? (California, United States of America)
What is the effect of qualifying words and phrases in section 667.6, subdivision (d) of the California Criminal Code, when a defendant is convicted of assault with intent to commit mayhem under Section 220 of the Code of Civil Procedure? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.