Understanding ‘Two Counts’ in Legal Terminology

What Are Counts in Legal Terms

The term ‘count’ refers to an offense or crime that is charged in a trial. Often used in conjunction with the counts of a jury’s verdict and the counts of a final judgment, counts may be either counts brought by a prosecutor or brought by a plaintiff/defendant (such as a labor union) in a case.
For example, if there are three complaints of burglary against the defendant, the prosecutor may charge theft in three counts. A jury may find the defendant guilty in two out of the three counts – the defendant is guilty in two counts. Law 101 recommends writing a formal plea agreement that specifies the counts that the defendant is pleading guilty to – this will keep many problems from arising down the road.
If the claims have been placed into separate counts (as in a defamation defense), the parties can sometimes reach a settlement before trial. For example, if a defamation defense at the Massachusetts Labor Relations Board is to seek dismissal of each individual count, the employer may only settle a small amount for some counts, but continue to deny liability for others. Collectively , these reduced liability costs can add up to a larger amount that encourages settlement.
The ‘counts’ are generally determined based on the facts of the case – in the above example, the police may have interviewed witnesses and discovered that a couple of the burglaries were actually committed by the same defendant. The prosecutor may not have full confidence in the witness or witnesses being able to correctly identify which burglaries were committed.
In other civil counts, the plaintiff may be seeking $5,000,000 in damages for a particular count, which may be unreasonable or unsupportable. In these types of cases, a fair counteroffer may be necessary to convince the plaintiff to dismiss the count or reduce its liability.
As is the case with counts, the judge or the jury may need to know the maximum and minimum sentence for each count.
Counts are common in civil and criminal cases, but are often omitted from civil proceedings.
Counts are narrow and specific long before a settlement offer may potentially be reached. Perhaps the parties do not have a full and complete understanding of the action.
Typically, the parties are guided by the rules of procedure and/or the civil rules of procedure and/or local rules.

Meanings of Two Counts in Legal Context

When someone faces two counts of a criminal charge, it means there are two separate offenses the person is accused of committing. The person is considered guilty of both counts if they are found guilty of the charges. The two counts are assumed to be the same, unless there is evidence that the crimes were committed separately and on different days or times. In that case, the person may face two counts of the same crime, and two penalties for convictions on each count. An example would be when someone faces multiple counts of selling or distributing a controlled substance. If someone sells cocaine to police officers and then a second time to someone else, the court may charge them with two counts of the drug sales. This means that the person could face penalties for two separate drug sales. If the person possessed marijuana in their vehicle, the prosecution may charge them with two counts, even though they simply had the marijuana in their possession when they were charged with possession. However, because they possessed the drug in two locations, the prosecution may charge them with two counts for possession. If someone goes to trial and is found guilty of both charges of possession, that person may face two separate penalties for the conviction on both drug possession charges. Another scenario that may result in two counts is when someone is accused of a crime involving some type of enhancement. For example, if they are accused of assault and firing a gun in the commission of the assault, the court may charge them with two counts of the offense, one for the assault and another for firing the gun during the commission of the assault. Having two counts may hold some advantage for the defendant. For example, if this is a first offense, a skilled criminal attorney may be able to negotiate with the prosecution to lower the severity of the charges a person is facing. In most cases, the resulting plea bargain would be for the more serious charge of the two counts.

Charges on Two Counts Explained

When facing two counts, the defendant might subject to steeper penalties based on the severity of the crimes. Additionally, having two counts usually exposes the defendant to being charged with separate enhancements for each offense. An enhancement is a penalty attached to the charge. It requires an additional element of proof to add onto the primary offense. An enhancement is something like a special allegation and could be anything from use of a deadly weapon or being in possession of a firearm. A separate charge might be filed for any alleged enhancement.
When faced with two counts, it might buy the defendant some leverage for plea bargaining. Oftentimes, the prosecutor is willing to negotiate on the second count regarding potential jail time so that the charges are kept at the trial level. The second count can be dealt with later possibly through a guilty plea or diversion.
It’s important to note that a foreign conviction against a defendant can also be a factor in sentencing the accused. For instance, having a DUI conviction can mean increased penalties for a future criminal DUI offense. Prior DUI counts for the same charge, for example, will increase penalties. The same is true for other charges such as drug possession for sale or assault. Many states will take similar charges into account for a sentence enhancement. A conviction for a lesser related offense or for a lesser included offense is usually a count for count increase in penalties.

Attorney Defense Strategies for Two Counts

When facing multiple counts, or charges, a defense attorney may have several strategies to pursue. One common approach is to challenge the evidence presented by the prosecution. This may involve questioning the credibility of witnesses, challenging search warrants, or disputing forensic evidence. By effectively challenging the prosecution’s evidence, it may be possible to have one or more counts dropped or reduced.
Another strategy is to negotiate a plea bargain. In some cases, both parties may agree to a lesser charge or a reduced sentence in exchange for a guilty plea. This can be an effective way to avoid the uncertainty of a trial and the possibility of a more severe conviction.
In some cases, the defense may argue that the counts are multiplicious, or violate the defendant’s double jeopardy rights . This legal argument asserts that the defendant cannot be tried or punished separately for what is essentially the same offense. If successful, this can result in a count being dismissed.
Additionally, there may be opportunities to consolidate charges or counts prior to a trial. This process involves combining related charges into one single count. It may simplify the proceedings and make it easier for the jury or judge to understand the case.
Regardless of the approach, it’s important to secure experienced representation when facing multiple counts. An attorney who understands the laws in your area will be able to exhaust all options and determine a strategy that will bring the best result.

Examples of Legal Cases on Two Counts

Here are some examples of when a person may be charged with two counts. An example of a double count argument can be found in the case of Williams v. State, 875 A.2d 1258 (2015). H.G., a 12-year-old boy, was charged with two counts of theft. The first count was for taking his school’s iPad from his classroom. He took the iPad with him to his local swimming pool. He placed the iPad in his swimming trunks’ inside pocket to conceal it when he entered. He tried to use the iPad during the pool party but it had no charge. He later returned to his school and kept the iPad in his backpack in his bedroom for one month until his mother discovered it and returned it to school officials. The second count stemmed from an incident at his neighbors’ house. H.G. was invited along to his neighbors’ home for a sleepover. He took an iPad from his neighbor’s bedroom without their permission. He tried to take the iPad to an event the next day but his parents discovered it and returned it to the neighbor’s parents. H.G. was suspended for one year from the school for the first incident and charged with two counts of theft for the two incidents in the diversionary process program (where a prosecutor determines if a plea bargain will be offered). The court dismissed the second count after agreeing that it should have never been filed because it arose out of an intervening event, the sleepover, and not an independent act. In Woodbury v. State, No. 78587-1-I (Wash.Ct.App. 10/16/01), two counts were charged and the defendant was convicted of two counts of voyeurism. The two counts were based upon separate incidents of hiding in a bathroom’s cabinet for the purpose of viewing a neighbor in the shower and providing the video tape where his mother and grandmother could view it. They were convinced to make the tape an exhibit. The defendant argued insufficient evidence and stated that the state did not prove that "he willfully intended to both view and videotape the [complainant] while cloistered in her bathroom." He claimed that he had merely intended to tape the bathroom, consequently making it part of the bathroom security system. He contended that eventually it ended up being a violation of his voyeurism charge. The defendant also argued that the state was pursuing "two separate and distinct interpretations of the voyeurism statute," that is illegally charging him for two counts of voyeurism, one for viewing the complainant in the bathroom and another one for videotaping the complainant in the bathroom. A GCSE is required for multiple counts to be charged. However, in this case, the defendant was charged for two separate crimes. Therefore, the court held that double jeopardy did not apply and the court affirmed the conviction. In the next case, Lyle v. State, 313 So.2d 468 (Fla.Dist.Ct.App. 1975), the appellant was charged with one count of the unlawful possession of forgatall, which is equally applicable to a violation for possession of a firearm by a convicted felon. That is, a convicted felon cannot possess a firearm. The appellant was charged with two counts for violating the Florida Statutes 790.23 and 810.02(4) in 1973. Count one stated that: On or about May 15, 1973, in Dade County, Florida, then and there having been previously convicted of a felony in the State of Florida after prior conviction of a felony in another jurisdiction, unlawfully and knowingly did have in his possession any firearm, to wit, a rifle, an offense committed in violation of Section 790.23 Florida Statutes (1971). Count two stated that: On or about May 15, 1973, in Dade County, Florida, in violation of Sec. 810.02(4) Florida Statute, then and there having been previously convicted of a felony, unlawfully and knowingly did enter the dwelling of Southland Carpet Co., then and there occupied by Milton Flom, without being authorized, licenced [sic] or invited and did remain therein with the intent to commit a crime therein violating FL 810.02(4) Florida Statute, an offense committed in violation of Section 810.02(3), Florida Statutes (1971). The appellant moved to dismiss count two, the unlawful entry into an occupied dwelling charge. The trial court denied the motion. During his testimony, he stated that he went to the complainant’s business to ask for a job. Appellants defense was that he accidentally walked behind the counter and into the office where he was observed by the complainant. Appellee argued that it was not accidental since he was holding a machete at the time he entered the office. The court was not persuaded and reversed the conviction and vacated the sentence. The court stated that section 810.02(4) Florida Statutes (1971), requires a finding of an unlawful entry while section 790.23, Florida Statutes (1971), does not require any entry at all. The court stated that "There is nothing in the language of the statutes to indicate any change in legislative intent from the 1972 reenactment of 810.02, Florida Statutes (1971). Section 810.02(4) was not intended to be or remain viable as a distinct offense after the 1972 amendment." The court looked to the case of Lewis v. State, 239 So.2d 351 (Fla.Dist.Ct.App. 1970) for guidance. In Lewis, the court stated, "Where the two counts are based upon the same act, i.e., the accused having in his possession four cartons of radios lawfully seized and held by the police, and the same testimony is necessary to establish the elements of both charges, and the juvinal count was returned a few minutes prior to the adult count, the counts are not separable and the juvenile proceedings should be considered as a nullity." In other words, the juvenile count was a nullity because it was based upon the same act and therefore defendant was only liable for one count of possession of a stolen firearm. The court extended the principles enunciated in Lewis to the case at bar and concluded that the unlawful entry charge was a nullity. The court concluded that unlawful entry was a lesser included offense of the unlawful possession charge. Therefore, a conviction on the unlawful entry charge would necessarily constitute a conviction on the unlawful possession charge.

Legal Guidance Regarding Two Counts

Regardless of what you are being charged with, it is not a good sign if you are facing multiple counts. This means that the court system does not have high hopes that you are innocent or the situation will end without an extended legal battle at some point in time. In order to best protect yourself from the legal ramifications of having multiple counts against you, it is of absolute necessity that you seek out and retain an attorney who has experience working with clients similar to your situation. Being charged with three counts of driving while intoxicated, for example, is an overwhelming experience and you will not be able to get through it on your own. Your attorney should be able to explain to you what you can expect from the legal process . Whether you’ve been a perfect driver your whole life and were simply charged as an innocent mistake or have a trail of four prior speeding tickets, penalties are on the way. In situations involving multiple counts of a crime, you need to be extremely aware of the representation you will receive during the hearings and trial. You do not want to go through this situation alone and have the court find you guilty of each offense. The experience your attorney has with similar situations will be crucially important as he or she works toward a successful result for you, with the ultimate goal being to add no more assault or battery charges (for example) to your list of misdemeanors. Getting legal advice from a professional attorney who has the experience to handle multiple counts, regardless of the crimes, is the key to a successful case.