Double Jeopardy and Dismissed charges

Get Legal Help Today

 Secured with SHA-256 Encryption

Double Jeopardy and Dismissed charges

Two counts of second degree murder were dismissed against me and replaced with two counts of aggravated assualt charges. The state offered a plea agreement for one count of assualt non-dangerous and i accepted. At sentencing the judge in his impostion of sentence stated “its a shame we lost two lives in shuch a short period of time and Mr. smith it is giong to change your life. and your lawyer pull you out of a murder charge to some degree, this took some time. Is this double jeopardy? The state was recommending probation and I got sentenced to 4.5 years. please respond ASAP

Asked on May 25, 2009 under Criminal Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

NO. You plead guilty to and were convicted and sentenced on one charge and the judge has the right to impose a sentence on that one charge within the limits established by law on that charge. In light of the facts he may have imposed a higher sentence that you hoped for or the prosecutor recommended, but that's why he's the judge. It is not double jeopardy.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption