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Can a person be retried for the original crime after a lesser conviction?

Can a person be retried for the original crime after a lesser conviction?

Q: What is double jeopardy?

Double jeopardy is a legal principle that protects individuals from being tried twice for the same crime. Once a person is acquitted or convicted, they cannot be retried for that same offense in the same jurisdiction. This principle is enshrined in the Fifth Amendment of the U.S. Constitution.

Q: Can a lesser charge be retried after an acquittal of a greater charge?

If a person is acquitted of a greater charge, they cannot be retried for that charge. However, they may still face prosecution for a lesser included offense if the acquittal was not based on insufficient evidence. The specifics can depend on the circumstances of the case and the jurisdiction.

Q: What happens if a conviction is overturned?

If a conviction is overturned, the individual may be retried for the same offense unless the acquittal was based on insufficient evidence. In such cases, double jeopardy may prevent a retrial. The outcome depends on the reasons for the overturning and the legal standards in the jurisdiction.

Full question:

If a person is arrested for a crime on a warrant, goes to trial, and ends up getting convicted of a lesser crime, can they be arrested and tried for the original crime charged in the first trial? Would double jeopardy apply to a case like this?

Category: Criminal
Date: 04/07/2025
State: California

Answer:

Generally, if a person is convicted of a lesser included offense, they cannot be retried for the greater offense. If a jury finds someone guilty of a lesser offense but acquits them of the greater charge, and that verdict is later overturned or a new trial is ordered for reasons other than insufficient evidence, double jeopardy does not prevent a second prosecution for the lesser included offense.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a person be retried for the same crime after being acquitted?

No, a person cannot be retried for the same crime after being acquitted. This protection is known as double jeopardy, which prevents someone from facing charges for the same offense after a not guilty verdict. However, if a conviction is overturned for reasons other than insufficient evidence, the individual may face a new trial for the original charge.