DUI Lawyer | Joel Brand, Esq.

California’s Penal Code § 654 is a crucial legal doctrine that prevents an individual from being punished multiple times for the same act. This statute reflects the principle that a single act, even if it violates multiple laws, should not be subject to multiple punishments. The provision is a safeguard against excessive sentencing and ensures fairness in the administration of justice. This article will provide an in-depth exploration of Penal Code § 654, discussing its application, relevant case law, and its implications in criminal proceedings, particularly in DUI cases.

Understanding Penal Code § 654

Penal Code § 654 states:

“An act or omission that is punishable in different ways by different provisions of law shall be punished under the 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.”

In essence, this statute prohibits multiple punishments for the same criminal act, even if that act violates more than one statute. For example, if a defendant commits an act that could be prosecuted under two different laws, § 654 mandates that they can only be punished under one of those laws, typically the one with the harsher penalty.

Application of Penal Code § 654 in DUI Cases

In the context of DUI cases, Penal Code § 654 often comes into play when a single act of driving under the influence leads to multiple charges. For instance, a DUI that results in both a DUI conviction and a conviction for reckless driving might be subject to § 654’s protections.

Consider a scenario where a driver is charged with DUI under Vehicle Code § 23152 and also with child endangerment under Penal Code § 273a because a child was in the vehicle. Both charges stem from the same act of driving under the influence. Under § 654, the driver cannot be punished for both offenses; the court must choose the statute that provides the harsher penalty and apply it, while staying the sentence for the lesser charge.

Case Law Interpreting Penal Code § 654

Several key cases have shaped the interpretation and application of Penal Code § 654:

  1. People v. Neal (1956) 55 Cal.2d 11: In this landmark case, the California Supreme Court held that § 654 prohibits multiple punishments for a single act, even if that act violates multiple statutes. The court emphasized that the purpose of § 654 is to prevent multiple punishments where the offenses arise from a single transaction.
  2. People v. Pearson (1986) 42 Cal.3d 351: The court reiterated the principle that if all the criminal acts are part of an indivisible course of conduct, § 654 prohibits multiple punishments. The focus is on the defendant’s intent and objective—if they were singular, only one punishment is allowed.
  3. People v. Correa (2012) 54 Cal.4th 331: This case clarified that § 654 does not prohibit multiple punishments for crimes committed by multiple acts that violate different provisions, even if those acts are part of a single course of conduct. The court must determine whether each act was a separate and distinct criminal offense.

Exceptions and Limitations

Penal Code § 654 is not absolute and has exceptions. For example, if a defendant commits multiple, distinct acts during a single course of conduct, they may be punished separately for each act. Additionally, if a defendant has multiple criminal objectives, § 654 does not bar multiple punishments, even if the acts were closely related in time.

Another limitation arises in cases where a single act results in multiple victims. In such situations, the defendant can be punished for each victim, as the law recognizes each victim’s harm as a separate offense. For example, in a DUI collision resulting in injuries to multiple people, § 654 would not prohibit separate punishments for the injuries caused to each victim.

Practical Implications for Defense Attorneys

For defense attorneys, understanding and applying Penal Code § 654 can be a powerful tool in minimizing their client’s exposure to multiple punishments. In DUI cases, this might involve arguing that multiple charges stem from a single, indivisible course of conduct and that sentencing should be limited to the provision with the longest potential term of imprisonment.

Defense attorneys should also be vigilant in cases involving multiple victims or where the prosecution attempts to charge a single act under multiple statutes. By carefully analyzing the facts and the defendant’s intent and objectives, attorneys can effectively argue for the application of § 654 to reduce or stay additional sentences.

Conclusion

Penal Code § 654 serves as a critical protection against excessive and unjust punishment in California’s criminal justice system. By ensuring that individuals are not punished multiple times for the same act, § 654 upholds the principles of fairness and proportionality in sentencing. For DUI attorneys, a thorough understanding of this statute and its application can be instrumental in achieving favorable outcomes for clients.

Citations

  1. People v. Neal, 55 Cal.2d 11 (1956).
  2. People v. Pearson, 42 Cal.3d 351 (1986).
  3. People v. Correa, 54 Cal.4th 331 (2012).
  4. California Penal Code § 654.
  5. California Vehicle Code § 23152.
  6. California Penal Code § 273a.