Legal Question in Criminal Law in California

Can a person be charge with one count of child abuse which holds six years. plus one count of bodily injury to a child which hold six years. plus on the same case be charge torture.


Asked on 12/29/09, 8:56 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Yes, a person can be charged with multiple offenses. Whether or not they can be convicted of all of the offenses, or get additional time if convicted of all of them, are different questions.

Prosecutors often charge offenses "in the alternative." This is another way of saying "throw all of the possible charges at the wall and see what sticks."

Penal Code 654 prevents multiple punishments for the same conduct. If all of the charges are based on the same actions, the person might not get additional time, even if convicted of everything.

The torture charge is the most serious, and carries a sentence of seven years to life.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 1/03/10, 9:10 pm
Terry A. Nelson Nelson & Lawless

Whatever the facts justify can be charged. Yes, multiple counts can frequently be charged on one set of facts. If this is you facing long prison sentences if convicted, you should hire an attorney. If serious about doing so, feel free to contact me. If you can't afford private counsel, apply for the Public Defender.

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Answered on 1/04/10, 12:02 pm


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