Autrefois attaint is a legal term used in criminal law. It refers to a plea made by a defendant who argues that they have already been convicted of one felony. Because of this prior conviction, they cannot be prosecuted for another felony. This plea is rooted in the idea that subjecting someone to multiple trials for felonies of the same nature is unnecessary and unjust.
This term is primarily used in criminal law. It serves as a defense mechanism for individuals who have been previously convicted of a felony. The plea of autrefois attaint aims to prevent the legal system from pursuing additional charges for another felony that is of the same grade. While this doctrine was once recognized in England, it is largely considered obsolete in the United States.
Users may find it helpful to explore legal forms related to criminal defense, which can be accessed through platforms like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A person convicted of theft cannot be tried again for another theft charge if the second charge arises from the same circumstances and is of the same grade. This plea would prevent the second trial.
Example 2: If a person is convicted of a felony assault and later charged with another felony assault, they may use the plea of autrefois attaint to argue against the second prosecution. (hypothetical example)
| Term | Definition | Key Differences |
|---|---|---|
| Autrefois attaint | A plea that prevents prosecution for a second felony due to a prior conviction. | Specific to felony charges of the same grade. |
| Double jeopardy | A constitutional protection against being tried for the same crime twice. | Applies to all criminal charges, not just felonies. |
If you believe the plea of autrefois attaint applies to your situation, consider the following steps:
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It is a legal plea that claims a defendant cannot be prosecuted for a new felony due to a prior felony conviction.