22 Aug Charge Stacking Is Common in Criminal Cases
In Arizona, charge stacking is quite common. In some cases, it might mean multiple charges for the same crime. In others, related charges may be added in addition to the main charges. Crime stacking, while legal, is often problematic. Here’s how it can impact a criminal case.
What Does Charge Stacking Mean?
Charge stacking happens when the prosecutor files multiple criminal charges for the same arrest. Stacking, or “piling on,” is fairly common in criminal cases. And unless the defense can prove the extra charges were added without merit, it could mean a much harsher sentence.
Examples of Charge Stacking:
- Person A shoplifts from one store several times. Rather than charge one count of theft for the total of all the stolen merchandise, there is a charge for every individual day.
- Person B is intoxicated and drives their car onto someone’s lawn, causing an altercation between them. Besides being charged with assault, they are also charged with public intoxication, driving under the influence, property damage, and trespass.
How Charge Stacking Affects a Criminal Case
1: It allows the prosecution to treat the multiple offenses as a prior conviction.
This is common when the defendant does not have any prior convictions. Charge stacking allows the court to count the separate criminal charges as previous convictions, which changes the sentence requirements for guilty charges. This means longer prison terms, higher fines and fees, and other sentence enhancements that would typically not be used for first-time offenders.
2: It gives prosecution more leverage in plea bargains.
The prosecution might also lobby for multiple charges to be brought to allow them more leverage during plea bargaining. Typically, the prosecution will offer a plea bargain as an incentive to avoid a criminal trial. Accepting a plea bargain means pleading guilty or no contest, and the case will move immediately to sentencing. The prosecution might offer to drop some of the lesser charges in exchange for a guilty plea on the harsher charges.
If You’re Facing Multiple Charges, You Need an Experienced Attorney
Facing the criminal justice system can be overwhelming and difficult to navigate—one mistake could have life-changing consequences. Do not leave your future up to a court-appointed attorney.
Here at Todd Coolidge Law Firm, we have over 25 years of experience defending criminal cases in Arizona. From navigating the complications of charge stacking and plea bargains to building a strong defense, we are here for you every step of the way.
Contact us to schedule a consultation today.
Images used under creative commons license – commercial use (8/21/25). Photo by Wesley Tingey on Unsplash