What is the test for a defendant who has committed a crime against a different type of criminal defendant?

California, United States of America


The following excerpt is from People v. Flores, A148387 (Cal. App. 2020):

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 purpose of this law "is to ensure that a defendant's punishment will be commensurate with [her] culpability." (People v. Correa (2012) 54 Cal.4th 331, 341.)

Other Questions


If a criminal commits a crime in a different county than the one where the crime was committed, would that change the outcome of the criminal trial if the crime occurred in the other county? (California, United States of America)
Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence? (California, United States of America)
What is the test for section 654 of the California Criminal Code when a defendant has committed multiple crimes against the same person against different criminal objectives? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
If a defendant has committed multiple crimes in pursuit of different criminal objectives, such as murder and sexual assault, can he be held liable for each of the crimes? (California, United States of America)
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)
Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed? (California, United States of America)
Does section 654 of the California Criminal Code require a concurrent or concurrent sentence for a defendant convicted of a series of crimes committed at the same time under different criminal objectives? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Is a defendant who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits as a result 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.