In a conspiracy case, under section 654 of the California Criminal Code, is there separate punishment for conspiracy to commit several crimes and for the underlying crimes?

California, United States of America


The following excerpt is from People v. Mitich, D070882 (Cal. App. 2017):

In the context of conspiracy cases, section 654 prohibits separate punishment for conspiracy to commit several crimes and for the underlying crimes "when the conspiracy contemplated only the act performed in the substantive offense [citations], or when the substantive offenses are the means by which the conspiracy is carried out [citation]. Punishment for both conspiracy and substantive offenses has been upheld when the

Page 40

conspiracy has broader or different objectives from the specific substantive offenses." (People v. Ramirez (1987) 189 Cal.App.3d 603, 615-616.)

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)
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 of the California Criminal Code require a separate punishment for a crime committed for the purpose of committing the same crime? (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 Section 654 of the California Criminal Code allow a court to stay the execution of a sentence for a lesser, less severely punishable crime, but more severely punishable, crime-preventable, offence? (California, United States of America)
Does Section 654 of the California Criminal Code require separate punishment for crimes committed against separate victims? (California, United States of America)
Does section 654 of the California Criminal Code preclude punishment for both burglary and theft where the crime was committed based on intent to commit the crime? (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)
Is a criminal offence punishable by section 654 of the California Criminal Code for gross negligence punishable by a single crime arising from two crimes arising from a single, indivisible course of conduct? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.