Legal Question in Criminal Law in Arizona

Double Punishment

A.R.S. section 13-116. �Double punishment- An act or omission which is made punishable in different ways by different sections of the laws may be punished under both, but in no event may sentences be other than concurrent. An acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other, to the extent the Constitution of the United States or of this state require.�

If, as I recently had pointed out to me, this is the reason why AZ courts can charge and convict someone on multiple charges stemming from the same act as long as the sentences are concurrent, then why do AZ courts continue to prosecute someone for the same act after an acquittal? Doesn't A.R.S. section 13-116 bar prosecution after an acquittal in the same way it bars consecutive sentences for the same act?


Asked on 5/16/05, 6:17 pm

1 Answer from Attorneys
Mark Lazell Mark Lazell P.C.

Re: Double Punishment

Multiplicious charging is illegal. Double Jeopardy bars prosecution for the same offense twice. The issue is; is one of the two offenses a lesser included of the other. If this is so you have a violation of double jeopardy. If the two offenses are different you do not have multiplicious charging nor a double jeopardy problem.

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Answered on 5/17/05, 7:59 am


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