Defining ‘4 Counts’ in Litigation

What Do ‘Counts’ Mean In a Legal Setting?

When an indictment or a charging document is prepared, allegations from an information or complaint are grouped into discrete categories or counts. A count is the term given to a single allegation of a violation of law or a complaint. In criminal cases, each count represents a specific charge. The charges outlined in a single case can be completely unconnected with one another . In civil cases, a complaint may have one count or several counts. Regardless, each count narrows the allegations that are brought in a case and separates those allegations from the other counts in the case. The parties in a case may agree to narrow the counts, in order to keep costs down by more narrowly focusing the facts to be proved at trial.

Interpreting the Meaning of “4 Counts” In a Legal Setting

When you hear about someone being "charged with 4 counts" for a particular offense, they have not committed the felony or misdemeanor four times. Instead, the law allows the counts to be broken down by the specific circumstances of the charge.
If a driver is accused of driving under the influence, the driver may have "4 counts" because they were charged with: If these four separate counts are for the same incident, it isn’t a matter of the individual drinking and driving in four different places four different days. Instead, it’s a matter of one DUI offense broken down to include a charge of one count of driving while impaired by alcohol, one count of driving while impaired by drugs (marijuana), and two counts of DUI for having .08 BAC.
What this means for the accused is that any negotiation or trial can use elements of any single or multiple counts to establish the overall charge or conviction. Attorney’s will use individual counts to strengthen their case.

The Impact of Multiple Counts in Court

The legal implications of facing multiple "4 counts" can be significant. In the majority of cases, the consideration of the 4 count aspect of an offense is primarily one of proof. It is a matter of determining whether or not the prosecution can prove each count beyond a reasonable doubt. If they can, and if there are no other circumstances that would allow you to win on appeal, the only issue that remains is what happens as a result of your being found guilty of each of those counts.
How Multiple Counts Affect Sentencing
A defendant who pleads guilty to multiple counts is generally looking at consecutive, not concurrent sentences. So, if your 4 counts carry a recommended sentence of one year each in jail, being found guilty of 4 counts could theoretically lead to an aggregate sentence of 4 years in jail. In practice, no one goes to jail for 4 years (or even 4 months) for 4 counts, but it is one factor that is considered during sentencing.
How Multiple Counts Affect Plea Bargaining
Not infrequently, if the state knows they will have a difficult time proving some of the counts against you, or there are other issues that make it likely that the case will be lost at trial, they may be willing to drop those counts in exchange for a guilty plea on some other counts. In that case, your plea will not have any sentencing advantages to it, but your attorney will be able to better argue for a lighter sentence than he or she might be able to argue on your behalf if you had lost at trial. Your lawyer can argue that if you had fought each of the 4 charges, or even just 2 of them, they would have lost at trial and you might not have been sentenced to jail time at all.

Example Cases of "4 Counts"

In the case of docket number I-09-1897, an article reported that a 55-year-old man was charged with four counts of aggravated assault and battery with a dangerous weapon. According to the article, the defendant allegedly stabbed the female victim in the stomach following the couple’s visit to the defendant’s mother. Their three children were in the room at the time but were not physically harmed, according to the victim’s statement given to police officers, though she was struck in the throat by the accused as he attempted to choke her. The report does not reveal how the situation ended or if the man was convicted for the charges, though it is a real and serious example of how four counts can be used in charge cases. In the case of 08-561, the defendant was charged with 4 counts of fraud but was also charged with Conspiracy SEC 1824 . That case was mentioned within the San Bernardino County District Attorney’s Office press releases on the website www.sbcounty.gov because it was the first arrest made through a new fraud investigation unit put together by the Fraud Unit. While the case info is limited, it’s known that the defendant pleaded guilty to the charges and also pleaded guilty to one count of possession of methamphetamine, one count of possession of drug paraphernalia, one county of petty theft and one count of fraud. The defendant was sentenced to 6 months in county jail, three years general probation and must pay restitution. While these cases involve serious charges, not all cases involving four counts are considered a matter of great urgency or danger to the general public. These are purely examples of some situations that have faced the legal system involving four counts charged against defendants.

Legal Tips for Facing Multiple Counts in Court

Legal Advice when Charged with 4 Counts (or more)
If you are charged with 4, 5, 10 counts or more, whether it be felonies or misdemeanors, don’t lose hope! First, it does not mean that you will be convicted of any of those charges. Second, to be charged with a number of different counts is not unusual in and of itself. It is important to keep in mind that every case is different , it depends on the facts and circumstances of each particular case. A certain element of a violation of law may have been violated a number of times, or it could be many different violations of laws creating different counts.
It is vitally important that you hire a qualified and experienced criminal defense attorney to navigate out of this difficult situation and protect your rights. Punishments would vary according to charge and count. You do not want to end up facing the maximum sentences on all counts.