The state and federal constitutions prohibit Double Jeopardy, which essentially means that a person cannot be tried or convicted for the same offense more than once. As such, if a defendant is convicted for numerous offenses that require proof of the same elements, it may violate Double Jeopardy. In a recent opinion, a Florida court discussed the proof required to demonstrate a Double Jeopardy violation in a case in which the defendant appealed his convictions for robbery and aggravated assault. If you are charged with robbery, it is smart to contact a skilled Sarasota robbery defense lawyer to discuss your potential defenses.
The History of the Case
It is alleged that the defendant broke into a home and robbed a drug dealer at gunpoint. He was arrested at the scene of the crime and charged with robbery and aggravated assault with a weapon. A jury convicted him of both offenses, after which he appealed, arguing in part that his attorney was ineffective for failing to argue that his convictions violated Double Jeopardy.
Proving a Conviction Violates Double Jeopardy
The court explained that the Double Jeopardy Clause of the Fifth Amendment of the Florida and United States Constitutions provides that no one shall twice be put in jeopardy of life or limb for the same offense. The Double Jeopardy clause prohibits, among other things, multiple punishments for the same crime. Continue Reading ›