It is not uncommon for the State to file multiple criminal charges against a person following a single incident. While this is permissible, a person cannot be tried or convicted more than once for the same crime, as doing so would violate double jeopardy. In many instances, double jeopardy also bars a person from being convicted for an offense and a lesser offense, even though they are two different crimes. This was illustrated in a recent Florida case in which the court vacated a defendant’s conviction for attempted home invasion robbery due to his conviction for burglary with assault. If you are accused of a violent offense, it is in your best interest to talk to a Sarasota violent crime defense attorney to evaluate your options for seeking a good outcome.
History of the Case
It is reported that the defendant was charged with multiple crimes following a home invasion that resulted in the death of two people and the shootings of four other individuals. The case proceeded to trial, and the defendant was found guilty of fourteen separate offenses, including burglary with assault and attempted home invasion robbery. Prior to sentencing, the defendant filed an appeal. Among other arguments he set forth, the defendant claimed that his convictions for burglary with assault and attempted home invasion robbery violated double jeopardy. The court agreed with the defendant’s assertions and vacated his conviction for the robbery offense.
Protections Against Double Jeopardy
The court explained that double jeopardy claims set forth pure questions of law; as such, they are reviewed de novo. Pursuant to Florida law, separate convictions for distinct offenses arising out of a single act are only permissible if each crime contains at least one element that the other does not.