Double Jeopardy Protections in Georgia

Double Jeopardy Protections in Georgia

The double jeopardy clause in the Fifth Amendment to the U.S. Constitution prohibits anyone from being prosecuted twice for substantially the same crime. This applies to both federal and state prosecutions. Georgia has its own state law prohibiting double jeopardy as well. Understanding how double jeopardy works is an important part of defending yourself against criminal charges in Georgia.

What is Double Jeopardy?

Double jeopardy means that a person can’t be tried twice for the same offense. For example, if someone is charged with robbery but is acquitted at trial, they can’t be charged again with robbery for that same incident. The prosecution gets one chance to convict you. Once a jury announces a verdict, double jeopardy attaches and protects you from further prosecution.

There are a few exceptions though. For example, if the first trial ends in a mistrial or the case gets dismissed on a technicality like lack of jurisdiction, you can be retried. But in general, the prosecution gets one shot and that’s it.

Georgia’s Double Jeopardy Law

Georgia’s double jeopardy law is O.C.G.A. § 16-1-8. It says a person can’t be prosecuted for a crime if:

• They were already prosecuted for the same crime based on the same facts
• That first prosecution ended in conviction, acquittal, or improper termination after the jury was sworn in
• The crime could have been charged or convicted in the previous case
• It involves the same conduct that was already prosecuted in federal court

There are some exceptions, like if the first case was dismissed for lack of jurisdiction. But in general, the prosecution only gets one shot at convicting you.

Examples of Double Jeopardy

Here are some examples of situations where double jeopardy may come up:

• You’re charged again after being acquitted of the same charges
• The state charges you after your case was resolved in federal court
• You face charges in two states for the same conduct
• You’re convicted of multiple lesser-included offenses, like both felony murder and malice murder

Each case is different, so it’s important to examine the specifics to see if double jeopardy applies. An experienced criminal defense lawyer can help you identify potential double jeopardy issues.

Retrials After Hung Juries

What happens when the jury can’t reach a verdict? O.C.G.A. § 16-1-8 allows the state to retry the case if the jury hangs. So double jeopardy doesn’t prohibit a retrial after a hung jury in Georgia. The case can be tried again with a new jury.

Multiple Charges for the Same Conduct

Sometimes one act can potentially be charged as multiple crimes. For example, one incident could possibly be charged as both armed robbery and aggravated assault. In these situations, O.C.G.A. § 16-1-7 requires prosecutors to bring all the charges together in the same case. The court may allow separate trials for each charge, but double jeopardy prevents going back later and charging the other crimes separately.

Lesser Included Offenses

When can you be convicted of both a greater and lesser included offense? This is tricky in Georgia. Some examples:

• Convictions for both malice murder and felony murder is impermissible double jeopardy
• Convictions for both rape and child molestation is improper
• But convictions for both aggravated assault and rape is allowed

The court has to analyze the elements of each crime to determine if one is included in the other. This is very fact-specific, so having an experienced lawyer is key.

Using Double Jeopardy in Your Defense

If you’re facing criminal charges, double jeopardy may provide a strong defense. Be sure to discuss your situation with an attorney to see if double jeopardy applies. Some key things to look out for include:

• Previous charges for the same conduct
• Charges in multiple jurisdictions
• Multiple related charges in the same case

An attorney can file to dismiss charges if prosecuting them would violate double jeopardy protections. Don’t hesitate to explore this defense if it may apply to your case.

Conclusion

Double jeopardy provides important protections for those facing criminal prosecution in Georgia. Understanding the basics of how it works is the first step in identifying potential double jeopardy issues. An experienced criminal defense lawyer can then help assert double jeopardy as part of your defense strategy. Don’t be afraid to fight back if the state is improperly prosecuting you twice for the same offense.