Florida Double Jeopardy Law: When Can You Be Prosecuted Twice for the Same Crime?

If you are facing criminal charges in Tampa, Florida, you may have heard the term “double jeopardy.” Most people understand the basic idea: the government generally cannot keep prosecuting someone for the same crime after the case has already been resolved. However, Florida double jeopardy law can be more complicated than that simple definition suggests.

The protection against double jeopardy can prevent a person from being prosecuted again after an acquittal or conviction, and it can also prevent multiple punishments for the same offense. At the same time, there are important circumstances in which another prosecution is legally permitted.

Understanding the distinction can be especially important when a criminal case involves multiple charges, a mistrial, or both state and federal authorities.

What Does Double Jeopardy Mean in Florida?

The protection against double jeopardy comes from the Fifth Amendment to the United States Constitution. Florida’s Constitution also protects people from being placed in jeopardy twice for the same offense.

In general, double jeopardy protects a defendant in three important ways. A person ordinarily cannot be tried again for an offense after being acquitted. A person generally cannot be tried again for the same offense after being convicted. A defendant also cannot receive multiple punishments for the same offense when the charges legally amount to the same crime.

Although these principles may sound straightforward, determining whether two charges actually involve the “same offense” can become complicated.

Can You Face Multiple Charges From the Same Incident?

Yes. Double jeopardy does not necessarily prevent prosecutors from filing several charges arising from one incident.

For example, one criminal event could involve conduct that satisfies the elements of several different crimes. A person who commits a robbery while unlawfully possessing a firearm and injures someone during the incident could potentially face multiple criminal charges.

The important question is not simply whether the charges resulted from the same event. The legal elements of the offenses matter.

If each offense contains elements that distinguish it from the others, multiple convictions may be permitted. However, the situation may be different when every element of one offense is entirely contained within another offense.

Consider a situation involving battery against a law enforcement officer performing official duties. A defendant might potentially be charged with ordinary battery as well as battery on a law enforcement officer. But the enhanced offense contains the elements of ordinary battery plus the additional requirement involving the victim’s status as a law enforcement officer performing official duties.

Because of that overlap, the defendant cannot simply be convicted and punished for both offenses based on the same act.

These distinctions demonstrate why double jeopardy issues often require a close examination of the specific charges and their legal elements.

Does Double Jeopardy Prevent a Retrial After a Hung Jury?

Not necessarily.

A criminal trial does not always end with a conviction or an acquittal. Sometimes jurors cannot reach a unanimous decision, resulting in a hung jury and mistrial.

A second trial following a hung jury generally does not violate double jeopardy protections because the original case was never finally resolved. In legal terms, the defendant’s jeopardy did not end with a final verdict. A retrial can therefore be treated as a continuation of the unresolved prosecution.

This is an important exception because a defendant may go through an entire trial and still face another trial when the jury cannot reach a decision.

Can Florida and the Federal Government Prosecute the Same Conduct?

Another important limitation involves different jurisdictions.

A person may sometimes face a Florida prosecution and a federal prosecution involving the same conduct. Although this may appear to violate the prohibition against double jeopardy, the protection applies within each jurisdiction.

Florida cannot repeatedly prosecute a defendant for the same offense, and the federal government cannot repeatedly prosecute a defendant for the same offense. However, state and federal governments are separate jurisdictions. As a result, each may potentially pursue its own prosecution.

For someone facing criminal charges that could involve both state and federal authorities, this distinction can have significant consequences.

Why Double Jeopardy Issues Can Become Complicated

Double jeopardy is much more than a rule saying that someone cannot be tried twice. Whether the protection applies can depend on how the first case ended, whether the charges involve separate legal elements, whether a mistrial occurred, and whether different jurisdictions are involved.

Two charges may sound very similar but legally constitute separate crimes. On the other hand, prosecutors may bring multiple charges when one offense is completely included within another, creating a possible double jeopardy issue.

For defendants, recognizing these distinctions can be difficult without carefully examining the charges and circumstances of the case.

Talk to a Tampa Criminal Defense Attorney About Double Jeopardy

If you have been arrested or charged with a crime in Tampa, Florida, constitutional protections such as the prohibition against double jeopardy may become an important part of your case. Whether those protections apply depends on the specific circumstances surrounding the prosecution and the offenses involved.

A criminal case can involve difficult questions about multiple charges, previous prosecutions, mistrials, overlapping offenses, and state or federal jurisdiction. Those questions should be carefully evaluated before important decisions are made about how to proceed.

Brunvand, Wise & Farinella Law Group represents individuals facing criminal charges in the Tampa area. If you believe you are being prosecuted or punished twice for the same offense, or you have questions about how Florida double jeopardy law may affect your criminal case, contact Brunvand, Wise & Farinella Law Group to discuss your situation with a Tampa criminal defense attorney.