# More of a case law question, but here goes...



## Caribou (Jan 28, 2011)

I realize the each state has it's own criminal laws unlike up here...

In the New England states, do you guys have case or statutory law that prohibits multiple convictions for the exact same set of facts ?

Example...You see one of your regular customers punch in the glass window of a local school (no attempt to enter, just doesn't deal with life too well)...

You arrest and charge him with a disturbing the peace type charge and a mischief/criminal damage to property type charge...

The local legal aid lawyer is as a keener and wants to take it to trial..

Can the court convict on both counts for the exact same action, or do they throw one out and convict on the other in N. Eng ?


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## USM C-2 (Oct 27, 2010)

IIRC, as long as there is at least one element of the offenses that is not present in both charges, you are good to go.

Since damage to property is not part of the crime of disturbance, I'd say you're good to go.


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## chief801 (Dec 8, 2004)

USM C-4 said:


> IIRC, as long as there is at least one element of the offenses that is not present in both charges, you are good to go.
> 
> Since damage to property is not part of the crime of disturbance, I'd say you're good to go.


Unless the second charge is a lesser included offense. For example, if we go to a fight and witness someone swing and miss (assault), then punch someone in the face (assault and battery), we don't generally charge the assault as it is a lesser included offense of A&B.


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## Caribou (Jan 28, 2011)

chief801 said:


> Unless the second charge is a lesser included offense. For example, if we go to a fight and witness someone swing and miss (assault), then punch someone in the face (assault and battery), we don't generally charge the assault as it is a lesser included offense of A&B.


But if you did charge for both, could the court convict for both, or would the court stay the lesser charge and convict for A&B ?


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## Mad-Dog24 (May 31, 2008)

Caribou said:


> But if you did charge for both, could the court convict for both, or would the court stay the lesser charge and convict for A&B ?


If it was Quincy Court, they would reduce everything down to "Marked Lanes" and then CWOF it.


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## Guest (Jan 30, 2011)

chief801 said:


> Unless the second charge is a lesser included offense. For example, if we go to a fight and witness someone swing and miss (assault), then punch someone in the face (assault and battery), we don't generally charge the assault as it is a lesser included offense of A&B.


With the exception of a higher offense....someone punches someone else in the face, they go down (A&B), then the assailant starts kicking the victim with a shod foot, now we have A&B and A&B D/W (even though NIBRS doesn't agree with that).


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## Guest (Jan 30, 2011)

There is a rule of double jeopardy, two agencies can't charge someone with the same crime. Such as a US Attorney and a Mass District Attorney can't charge someone with the same murder.


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