No double convictions

sentencing sentencing

“My husband and brother-in-law are charged with attempted burglary and criminal conspiracy to commit burglary. If they are convicted, can they be punished separately for each of those charges? The lawyer told us that the charges merge?” -Gabriella

Well, Gabriella, the lawyer is essentially correct. Pennsylvania Statutes Title 18 Section 906 states that a person may not be convicted of more than one ‘incohate’ crime. An incohate crime is attempt, solicitation, or conspiracy. So technically, the charges do not merge for purposes of sentencing, since it is not possible to be convicted of both.

4 Comments on No double convictions

  1. Brian J. Zeiger, Esquire // at 3:28 am // Reply

    I agree with Jay, but I would add that obviously, your brother and your dad could have different outcomes. Their cases do not merge with each other. So your dad and your brother don’t share a case, they each have their own and you may want to get them different lawyers.

  2. Perry Whitecage // at 8:22 pm // Reply

    Dear esteemed barristers:

    what is the statute of limitations for the theft and consumption of packaged snack cakes?

  3. The statute of limitations for theft offenses is five years. (Pennsylvania Code Title 42 Section 5552.) This is true whether or not the snack cakes are consumed.

  4. Brian J. Zeiger, Esquire // at 8:38 pm // Reply


    My dear friend Ted has a pseudonym, its Perry Whitecage. Think of it as a stage name. Ted is pulling our collective chains. He is a big fan of tastycakes but he doesn’t like chocolate.


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