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Legal Definitions - merger of offenses

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Definition of merger of offenses

Definition: Merger of offenses is when a person is charged with two crimes, but one of the crimes is absorbed into the other. This means that the person cannot be punished for both crimes. For example, if someone is charged with attempted robbery and robbery, they can only be punished for the more serious crime of robbery. This is to prevent double jeopardy, which is when someone is punished twice for the same crime. Example: John is charged with both assault and battery. However, the court decides that the assault charge is a lesser included offense of battery, so the assault charge is merged into the battery charge. This means that John can only be punished for the more serious crime of battery. Another example is if someone is charged with both attempted murder and murder. The attempted murder charge would be merged into the murder charge, and the person can only be punished for the murder. Overall, merger of offenses is a legal concept that prevents people from being punished twice for the same crime and ensures that they are only punished for the most serious offense.

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Simple Definition

Merger of offenses is when a person is charged with two crimes, but one of them is absorbed into the more serious offense. This means that the person cannot be convicted of both crimes and avoids being punished twice for the same thing. For example, if someone is charged with attempting to commit a crime and then actually committing the crime, they can only be convicted of the more serious offense. This rule does not apply to conspiracy and the completed crime.

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