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What are the rules of multiplicity?

Duncanville, TX |

What are some reasons that a person can be charged with the same exact crime in the same time frame of the other, and the victim is the same?

Example: If someone was to commit a sexual act against another person, is it possible to charge that offender with sexual assault twicce and with same exact time and date of the first charge of sexual assault and involves the same victim?

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Attorney answers 1


Yes. Multiplicity is the charging the same offense multiple times in separate counts, when in fact only one crime was committed. Lawyers will look to determine whether the legislature intended to create were separate units of prosecution designed to permit multiple punishments. However, multiplicity is often a sentencing issue. The remedy in the case is for the prosecutor to decide on which counts the court should sentence the defendant. After trial, the court will merge the multiplicitous charges for sentencing. So to answer your question again, a person can be charged with multiple crimes involving the same facts. The only question is whether after trial the court will sentence on each crime or merge them together. Good luck.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.