Legal Question in Criminal Law in Florida

Armington, while robbing a drugstore, shot and seriously injured Jennings, a drugstore clerk. Armington was subsequently convicted in a criminal trial of armed robbery and assault and battery. Jennings later brought a civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Is Armington correct?


Asked on 9/14/09, 11:04 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Armington is incorrect. Being found liable in a civil trial does not constitute a "conviction" for criminal, constitutional purposes. There couldn't be a second criminal trial, but there can be civil trials.

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Answered on 9/14/09, 11:59 pm
Don Waggoner Don Waggoner Law, P.A.

No, he is not correct. Look at the OJ Simpson case for an example.

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Answered on 9/15/09, 6:46 am


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