What Is Charge Stacking and Is It Legal?

January 5, 2026

Charge stacking happens when prosecutors charge a defendant with more than one crime for the same general set of actions or the same event. Based on some data, two things can happen as a result: the defendant has a greater incentive to take a plea rather than to defend against multiple criminal charges, and juries are statistically more likely to convict the defendant of at least one of the charged crimes.

If you have been charged with multiple crimes based on what most people would consider a single set of actions, you need help from an experienced criminal defense attorney. The LLF Law Firm’s Criminal Defense Team is here for you, no matter where in Pennsylvania you’re facing charges. Call us at 888.535.3686 or fill out and submit our online contact form. We will schedule a confidential consultation so that you can tell us about your case, and we can explain how we can help.

Example of Charge Stacking

Charge stacking can happen in any number of criminal cases in Pennsylvania. For example:

  • A person who is arrested for possession of drugs and paraphernalia could face charges of
    • Possession of a controlled substance (the illegal drug)
    • Possession with intent to distribute (if there is a lot of the illegal drug)
    • Possession of drug paraphernalia
  • A defendant arrested for DUI could be charged with:
    • DUI
    • Reckless endangerment
    • Endangering the welfare of a child, if a child is a passenger
  • A defendant accused of a “white collar” crime involving some sort of fraudulent scheme may be charged with:
    • Wire fraud
    • Mail fraud
    • Money laundering
    • Tax evasion
    • Conspiracy to commit any of the above

Problems With Charge Stacking

At least one study suggests that charge stacking tends to happen more often in cases where the defendant is a person of color, and the NAACP is actively opposed to prosecutors stacking charges. When a defendant is facing multiple criminal charges, it increases the pressure on the defendant to take a plea, even in cases where the defendant legitimately believes they are innocent. The idea of fighting against multiple criminal charges is one that is enough to scare many defendants into settling.

On the other hand, from a jury’s perspective, the thoughts can well be that if prosecutors believed the defendant to be guilty of so many different (stacked) charges, the defendant is likely guilty of something. Indeed, studies have shown that, overall, more charges correlate with higher conviction rates.

The LLF Law Firm Can Defend You Even When Prosecutors Stack Charges

At the LLF Law Firm’s Criminal Defense Team, our experienced attorneys have seen prosecutors stack charges in case after case. We know how to handle those types of tactics, and we are ready to work with you to protect your rights and defend you against all of the charges you’re facing – even in stacked charge situations.

Contact us to learn more about how the LLF Law Firm’s Criminal Defense Team can defend you and protect your rights. We can be reached at 888.535.3686 or by filling out and submitting our online contact form. When you feel like the charges are stacked against you, the LLF Law Firm knows what it takes to level the playing field.

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