Does section 654, subdivision (a) of the California Criminal Code allow multiple punishment?

California, United States of America


The following excerpt is from People v. Rickman, B256268 (Cal. App. 2015):

Section 654, subdivision (a), provides: "An 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 test for determining whether section 654 prohibits multiple punishment has long been established: 'Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 depends on the intent and objective of the actor. If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one.' [Citation.] . . . We noted, however, that cases have sometimes found separate objectives when the objectives were either (1) consecutive even if similar or (2) different even if simultaneous. In those cases, multiple punishment was permitted. [Citation.]" (People v. Britt (2004) 32 Cal.4th 944, 951-952.)

Other Questions


Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
Does Section 654, subdivision (a) of the California Code of Criminal Procedure, section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
Does Section 654, subdivision (a) of the California Penal Code, section 654 of the Criminal Code, allow for multiple punishment? (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)
Does Section 654, subdivision (a) of the Criminal Code of California apply to a lesser punishment for an act or omission that is punishable by a different section of the law? (California, United States of America)
What is the test for multiple punishment under section 654 of the California Criminal Code when a criminal act violates multiple penal provisions? (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)
Does section 654 of the California Criminal Code allow a defendant to be punished for multiple criminal objectives? (California, United States of America)
Does Section 654, subdivision (a) of the California Criminal Code apply to punish an act or omission that is punishable in different ways by different sections of the law? (California, United States of America)
Does section 654, subdivision (a) of the California Code of Civil Procedure, Section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.