What if a defendant is convicted of a secondary charge of assault before being convicted of the primary charge?

California, United States of America


The following excerpt is from People v. Brass, E060714 (Cal. App. 2015):

1. The defendant may be convicted of the secondary offense before being convicted of the primary offense. In that event, under subdivision (d), the court hearing the secondary offense must impose the enhancement, but must also stay it unless and until the person is convicted of the primary offense. (See People v. Meloney, supra, 30 Cal.4th at pp. 1156-1160.)

2. The defendant may be convicted of the primary offense and be sentenced to prison before being convicted of the secondary offense. In that event, under subdivision (e), the court hearing the secondary offense not only must impose the enhancement under subdivision (b), but also must run the sentence on the secondary offense consecutively to the sentence on the primary offense. (See People v. Baries (1989) 209 Cal.App.3d 313, 319-323.)

3. The defendant may be convicted of the primary offense and be placed on probation before being convicted of the secondary offense. In that event, under subdivision (f), the court hearing the secondary offense need only impose the enhancement under subdivision (b). (See People v. Baries, supra, 209 Cal.App.3d at

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