Legal Definitions - overcharge

Overcharge refers to two distinct situations:

• In a commercial or financial context, an overcharge occurs when a person or entity is charged more than the agreed-upon, advertised, or legally permitted price for goods or services. It also includes situations where someone is charged multiple times for the same item or service.

  Here are some examples:

  • Example 1 (Exceeding Advertised Price): A customer sees a new smartphone advertised online by a retail store for $799. When they go to the physical store to purchase it, the salesperson attempts to charge them $849, stating the online price was a promotional error that doesn't apply in-store.

    Explanation: The store is attempting to charge more than the publicly advertised price, which constitutes an overcharge.

  • Example 2 (Duplicative Billing): A small business owner receives their monthly utility bill for electricity. Upon reviewing the statement, they discover two identical charges for the same billing period's electricity consumption, effectively doubling their expected cost.

    Explanation: Charging twice for the same service (electricity for one month) is a duplicative charge, which falls under the definition of an overcharge.

  • Example 3 (Exceeding Regulated Rate): A tenant in a rent-controlled apartment building is charged a monthly rent that exceeds the maximum amount legally allowed by the local housing authority's regulations.

    Explanation: The landlord is charging more than the government-regulated maximum rate for the apartment, making it an overcharge.

• In the criminal justice system, an overcharge refers to a prosecutor bringing more serious or numerous criminal charges against a defendant than the available evidence reasonably supports. This tactic can sometimes be used to pressure a defendant into accepting a plea bargain for lesser offenses, rather than risking conviction on the more severe charges.

  Here is an example:

  • Example 1 (Prosecutorial Overcharge): A person is arrested after a bar fight where they punched another individual, causing a minor cut and bruise. While the evidence clearly supports a charge of misdemeanor assault, the prosecutor initially charges them with felony aggravated assault, which requires proof of serious bodily injury, even though the victim's injuries do not meet that threshold.

    Explanation: By charging felony aggravated assault when the evidence only supports a misdemeanor, the prosecutor is bringing a more serious charge than the facts warrant. This could be an overcharge intended to intimidate the defendant into pleading guilty to the lesser misdemeanor assault.