Legal Definitions - allied offense

An allied offense refers to a criminal charge that is so closely related to another, often more serious, charge arising from the same criminal act or transaction that a person typically cannot be convicted and punished for both offenses. The concept often prevents multiple punishments for what is essentially the same wrongful conduct, ensuring fairness and adhering to principles like the prohibition against double jeopardy. These offenses often share common elements, or one offense is a necessary step in committing the other.

• Example 1: Burglary and Theft

  Imagine a scenario where an individual breaks into a closed retail store (an act of burglary) with the specific intent to steal merchandise. Once inside, they proceed to take several items (an act of theft). In many legal systems, the theft would be considered an allied offense to the burglary when the burglary was committed with the intent to steal. The theft is the culmination of the intent that made the breaking and entering a burglary. Convicting and sentencing someone for both the burglary (with intent to steal) and the completed theft from the very same incident might be seen as punishing them twice for essentially the same criminal enterprise.

• Example 2: Robbery and Assault

  Consider a situation where a person approaches someone on the street, threatens them with a weapon, and then forcibly takes their wallet. This act constitutes robbery, which inherently involves the use of force or threat of force to take property. The act of threatening the victim and using force also meets the definition of assault. In this context, the assault charge would often be considered an allied offense to the robbery. Punishing someone for both the robbery and the assault stemming from the single act of using force to take property would be considered cumulative punishment for the same criminal conduct.

• Example 3: Aggravated Battery and Felony Murder

  Suppose an individual commits an aggravated battery, causing severe injuries to a victim. Tragically, the victim subsequently dies as a direct result of those injuries. The perpetrator is then charged with felony murder, a type of murder where a death occurs during the commission of a dangerous felony like aggravated battery. In some jurisdictions, when the underlying felony that elevates a homicide to felony murder (such as aggravated battery) is an offense that is "allied" or "merged" with the homicide itself, separate convictions for both the aggravated battery and the felony murder might be prohibited. The aggravated battery is the direct cause of death and an integral part of the felony murder charge, making it an allied offense to prevent double punishment for the same act that led to the death.