[Stone Mountain]

Multiple charges can (and do) arise from the same incident. It happens all the time.

If that's the case, why aren't people convicted of first-degree murder and second-degree murder or second-degree murder and assault (for instance) at the same time? Not doubting you - I'm genuinely curious.

[Wolfie]

The key word is "element" of the crime. See post #10. You won't be charged with 1st and 2nd degree murder. It will be one or the other, because they describe the same element of crime. They can, however, tack on assault, if that was part of the incident that resulted in death.

For example, if I go out to the local tavern and get blotto, then take a pool cue and brain the local cop (who comes to take me to the drunk tank) to death with it, I will be charged with: public drunkeness, assault, battery, assaulting a peace officer, possibly battery on a peace officer (if that's a seperate statute), resisting arrest, destruction of private property, and whatever else the local DA can tack on. All different criminal elements arising from the same incident. Read your Sunday morning police blotter, you'll see it all the time.

[eno_]

It goes back to the comment on common elements: 1st and 2 degree murder have a large set of common elements. Assault and murder do not. Less clear a distinction than, say, rape and murder, but evidently clear enough.