Also known as: stacking charges · stacked charges · multiplicity · overcharging
Written by attorneys · grounded in primary & secondary sources — see below
A prosecutorial practice of filing multiple separate charges arising from a single course of conduct or transaction. The tactic increases the potential punishment and thereby pressures defendants to accept plea bargains rather than proceed to trial.
Catherine Carter took several items from a single store in one afternoon. The prosecutor filed separate theft charges for each item rather than one consolidated count. Catherine accepted a plea to avoid the risk of consecutive sentences on the stacked charges.
Claire Campbell was arrested with drugs and a firearm during one traffic stop. Prosecutors charged possession with intent, simple possession, and firearm enhancements as separate offenses. The cumulative exposure prompted Claire to plead guilty to a single reduced count.
Select any source to read its text and confirm it supports the definition.
Cody Callahan and two others planned one robbery. The government charged conspiracy plus each substantive robbery count separately. The stacked penalties led Cody to accept a plea that eliminated the conspiracy charge.
Connor Clark struck a victim once while carrying a weapon. The indictment included assault, aggravated assault, and a weapon enhancement as distinct counts. Facing the combined sentence range, Connor accepted the plea offer to avoid trial.
Charles Cunningham made several false statements during one interview. Prosecutors charged each statement as a separate offense. The multiplicity of counts increased the potential sentence and induced a guilty plea to a single count.
Corinne Cho operated one adult venue that allegedly violated both obscenity and zoning rules. The city filed separate criminal charges under each ordinance for the same conduct. The stacked exposure led Corinne to close the business rather than contest the charges at trial.
Prosecutors stack charges to raise the potential punishment for a single course of conduct. The increased exposure creates a strong incentive for defendants to accept plea bargains instead of going to trial.
Supporting sources
By multiplying the number of charges and the possible sentence, stacking gives prosecutors greater leverage. Defendants often plead guilty to fewer counts to avoid the risk of consecutive sentences or higher penalties at trial.
Supporting sources
No. Stacking frequently applies multiple charges to one continuous transaction or course of conduct. The practice treats overlapping behavior as separate offenses to increase prosecutorial bargaining power.
Supporting sources
…this Court, in its approval of the advantages to be gained from plea negotiations, has never openly sanctioned such deliberate overcharging or taken such a cynical view of the bargaining process. See North Carolina v. Alford , 400 U. S. 25 (1970); Santobello v. New York , 404 U. S. 257 (1971). Normally, of course, it is…