Charge Stacking In Colorado: What It Is And How To Fight Back

Charge stacking is a tactic prosecutors often use to increase pressure on defendants, but it can also be challenged with the right legal strategy. Whether you’re facing multiple charges after a single incident or wondering how to protect yourself in court, understanding the mechanics behind charge stacking in Colorado criminal defense is essential. In this article, we break down…

• What charge stacking is and why prosecutors use it.
• How charge stacking can make your case look worse than it is.
• How a skilled attorney and a strong defense can dismantle the impacts of charge stacking.

What Does “Charge Stacking” Mean In Criminal Cases, And Why Do Prosecutors Use It?

Charge stacking happens when prosecutors file multiple criminal charges for a single incident, often including overlapping or closely related offenses.

For example, in a drug case, someone might be charged with both possession of cocaine for personal use and possession with intent to distribute. The distribution charge carries a much more serious penalty, but prosecutors may not actually have strong evidence of dealing, just enough to raise the possibility. Maybe the amount of drugs is borderline, and only someone with a severe addiction would have that much for personal use.

So why stack the charges? Prosecutors do it to hedge their bets. They aren’t committing to one version of events; instead, they’re laying out multiple theories. That way, if they can’t prove the more serious charge (like distribution), they still have the lesser one (like personal use) to fall back on.

It’s not just drug cases. In domestic violence cases, a single incident might result in:

• Third-degree assault (any physical contact)
• Second-degree assault (if a hand went near the neck)
• Criminal mischief (if a phone was broken)
• Interference with reporting (if someone tried to prevent a 911 call)
• Harassment (a catch-all charge that’s often used as a plea deal option)

The result? One event turns into a laundry list of charges, making the case appear far more serious than it may actually be.

Nancy Kardon of Kardon Law in Colorado is a seasoned criminal defense attorney who has successfully defended clients against unfair charge stacking in both state and federal courts.

She knows how prosecutors use this tactic to increase pressure and, more importantly, how to dismantle inflated cases through strategic motions and negotiations. With 30+ years of courtroom experience, Nancy Kardon has helped clients reduce multiple stacked charges down to manageable outcomes, often avoiding the harshest penalties.

If you’re facing stacked charges in Colorado, contact Kardon Law today to start building a defense that levels the playing field.

How Can Charge Stacking Make A Criminal Case Look Worse Than It Really Is?

Stacked charges can inflate the severity of a case and make the consequences seem much harsher than they would be with a single charge.

For instance, if one charge includes all the elements of a lesser charge and then adds just one extra detail, prosecutors may still file both. If a court allows it, you could be convicted and sentenced for both charges, with penalties that stack consecutively.

Let’s say you’re charged with:

• Third-degree assault
• Criminal mischief
• Interfering with a phone call

Individually, these might be low-level offenses. But stacked together, they can add up to a much higher sentencing range, which puts pressure on defendants to take a plea, even if they’re innocent or the evidence is weak.

Prosecutors know this. The longer the potential sentence appears, the more likely someone is to accept a plea to avoid the risk of trial.

How Can Hiring A Defense Attorney Early Help Reduce Or Prevent Charge Stacking?

Hiring a defense attorney early in the case is one of the most important things you can do to challenge or reduce stacked charges.

A skilled attorney can:

• Identify unlawful stacking
• File motions to dismiss overlapping or duplicative charges
• Ensure that only the legally valid charges are presented to the jury

For example, it’s double jeopardy to be charged twice for the same offense under different names. Your attorney can file the appropriate paperwork and argue that certain charges should be dropped before the case gets too far.

This strategy is especially critical in federal cases, where charge stacking happens frequently. For example, a non-citizen with a prior felony and a gun might face:

• Possession of a firearm by a prohibited person
• Possession of an unregistered firearm
• Illegal possession by a non-citizen
• Unlawful re-entry (if applicable)

Each charge is technically distinct, but they all stem from the same set of facts. Without an attorney actively working to streamline the case, the government may proceed with every possible charge to increase leverage in negotiations.

Nancy Kardon of Kardon Law in Colorado is a seasoned criminal defense attorney who has successfully defended clients against unfair charge stacking in both state and federal courts.

She knows how prosecutors use this tactic to increase pressure and, more importantly, how to dismantle inflated cases through strategic motions and negotiations. With 30+ years of courtroom experience, Nancy Kardon has helped clients reduce multiple stacked charges down to manageable outcomes, often avoiding the harshest penalties.

If you’re facing stacked charges in Colorado, contact Kardon Law today to start building a defense that levels the playing field.

Notes From My Work: How I Dismantle Stacked Cases

Here’s how I work to successfully dismantle stacked cases. Let’s say a client is charged with:

• Second-degree assault
• Third-degree assault
• Harassment
• Interference with a phone call
• Criminal mischief (if a phone was damaged)

If it becomes clear that the government cannot prove the felony-level assault, I’ll often focus on getting that charge dismissed. Sometimes, we’ll allow the harassment charge to stand, not because it’s ideal, but because it gives the client a fallback option if they decide to plead.

If it becomes clear that the government cannot prove the felony-level assault, I’ll often focus on getting that charge dismissed. Sometimes, we’ll allow the harassment charge to stand, not because it’s ideal, but because it gives the client a fallback option if they decide to plead.

In more serious cases like sexual assault, charge stacking can be especially harmful. For instance:

• One charge may allege forcible rape
• Another might allege rape of an incapacitated person

These are two different theories for the same act. Allowing both charges to proceed is a form of stacking, and a strong defense would seek to eliminate the weaker charge, so it doesn’t unfairly increase exposure or confuse a jury.

Still Have Questions? Ready To Get Started?

For more information on charge stacking in Colorado criminal defense, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 708-1044 today.