Does section 654 of the California Criminal Code require a domestic violence enhancement or a great bodily injury enhancement?

California, United States of America


The following excerpt is from People v. Jones, E053521 (Cal. App. 2012):

The present case does not involve dual enhancements but involves overlap of an enhancement and the underlying offense. Defendant argues that the trial court should not have imposed the domestic violence enhancement because it overlapped with the underlying offense of corporal injury to a cohabitant. Defendant attempts to distinguish People v. Chaffer (2003) 111 Cal.App.4th 1037, 1044-1045, holding that section 654 does not bar punishment for both (1) an offense and (2) a great bodily injury enhancement.

Other Questions


Does a court violate section 654 of the California Criminal Code by imposing both a firearm enhancement and a great bodily injury enhancement under section 12022.7, subdivision (a), both at trial? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does section 1109 of the California Domestic Violence Act, section 352 of the Code of Civil Procedure, provide a "safeguard against the use of other acts of domestic violence"? (California, United States of America)
Does the fact of great bodily injury need to be used to support both the upper term and the great bodily injuries enhancement for count six? (California, United States of America)
Does Section 12022.7 of the California Penal Code require a finding of intentional infliction of great bodily injury? (California, United States of America)
What would constitute the infliction of great bodily injury under section 1192.9 of the California Criminal Code? (California, United States of America)
Does section 12022.53, subdivision (e)(1) of the California Criminal Code apply to a defendant who intentionally discharges a firearm and proximately causes great bodily injury? (California, United States of America)
How has the term "great bodily injury" been interpreted in the context of section 461 of the California Criminal Code? (California, United States of America)
What is considered a "great bodily injury" and what is considered to be the definition of a great bodily injury? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.