What is Double Jeopardy and How Does it Apply in Florida?

You’re undoubtedly familiar with the term “double jeopardy,” but you may have noticed that it doesn’t always seem to work as you’d expect. The best way to get information about the law surrounding your criminal charges and proceedings is to talk to an experienced Jacksonville criminal defense attorney.

This post provides an overview of what double jeopardy means, why it’s prohibited, and why that matters. However, it’s no substitute for personalized legal advice. You can schedule a free consultation with veteran criminal defense attorney Matthew Lufrano in Jacksonville, FL right now. We’re available 24 hours a day at (904) 513-3905.

What Does “Double Jeopardy” Mean?

The term “double jeopardy” comes from the United States Constitution and more specifically from the 5th Amendment to the Constitution. Now when most Americans think of the 5th Amendment, they think of the right against self incrimination. However the 5th Amendment also provides for protection against double jeopardy as it reads “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…”. The Florida Constitution also incorporates the same concept, saying that no person shall be “twice put in jeopardy for the same offense.”

Exactly how that plays out is a little tricky, though.

The U.S. Supreme Court has ruled that the prohibition on double jeopardy means a person:

• Can’t be tried again if they were acquitted (found not guilty) of a crime
• Can’t be tried again if they were convicted of a crime
• Can’t be punished twice for the same action

You may know from news reporting about high-profile trials that sometimes when a jury is unable to reach a decision, the defendant is retried. It seems like that would violate the double jeopardy clause. After all, the defendant has already been through a full trial, and is now being subjected to another trial. However, as no resolution was reached when a jury is unable to reach a decision, both Federal and Florida Courts have held that in such situations double jeopardy does not bar further prosecution. The rationale for this position is that the defendant was never out of jeopardy, and the subsequent retrial is just a continuation of the ongoing risk of conviction and punishment.

Crimes with the Same Elements

“Acquitted of a crime” and “convicted of a crime” are self-explanatory, but “can’t be punished twice for the same action” may not be as clear. A defendant may be convicted of multiple crimes in connection with the same incident. For example, someone who robs a gas station with a firearm they aren’t allowed to possess and knocks down the cashier in the process might be charged with and convicted of battery, illegal possession of a weapon, and armed robbery.

Possession of the weapon is an element of both armed robbery and illegal possession of a weapon, but they are two separate crimes and each has other, differing elements. The defendant is accused of both illegally possessing the weapon and carrying it in the commission of a robbery.

But sometimes, all of the elements of a crime are completely contained within the elements of another crime. For example, imagine that someone kicks a police officer who is engaged in his official duties. That person might be charged with battery under §784.03 and battery of a law enforcement officer under §784.07. However, they could not be convicted of and sentenced for both crimes, because the crime of battery of a law enforcement officer is exactly the same as the crime of battery except that one has the added element that the victim is a law enforcement officer engaged in the execution of his duties. The single act of kicking the officer may be punished as battery or as battery of a law enforcement officer, but not both.

As you can see, the circumstances in which the protection against double jeopardy applies can be complicated, and may require knowledge of the specific legal elements of each crime. An experienced criminal attorney in Jacksonville, FL can clarify for you and assert your rights.

When Does Double Jeopardy Not Apply

You may have seen examples of high-profile cases that might appear to violate double jeopardy. For example, someone may be convicted of a crime in state court and then charged in federal court. Or, someone may be acquitted of one crime and then charged with a virtually identical crime. Here are some examples of the situations where multiple prosecutions don’t violate the prohibition against double jeopardy.

Different Jurisdictions Can Try a Person for the Same Crime

You may also have noticed that sometimes a person is tried for a crime in state court and later charged in federal court. That can happen regardless of how the original case turned out. That’s because the double jeopardy rule applies only within a jurisdiction. The state of Florida can’t call someone to answer for the same crime twice, and neither can the federal government. But, they can each do it once.

Other Situations When Double Jeopardy Doesn’t Apply

As described in the example above involving an armed robber with an illegal handgun committing battery, a person who is alleged to have committed two or more separate crimes during the same incident can be charged, as long as the elements of one crime are not wholly included in the elements of the other.

Also as described above, a mistrial due to a hung jury does not prevent the state from retrying the case, since no resolution was reached in the case and the defendant was never out of jeopardy.

Talk to a Criminal Attorney in Jacksonville, FL

Double jeopardy is just one of many issues that may arise during a criminal prosecution, but it provides a good illustration of how complicated those issues can be. Jacksonville criminal defense attorney Matthew Lufrano has dedicated his entire career to helping people who have been charged with crimes in Florida. He knows how important it is for you to have reliable information and guidance before you make any decisions about how to proceed with your case. To learn more about how Lufrano Legal, P.A. can help or schedule your free consultation, call (904) 513-3905 or fill out our contact form.