Skip to main content
Find a Lawyer

Arkansas Code Title 5. Criminal Offenses § 5-1-112. Double jeopardy

Current as of March 28, 2024 | Updated by Findlaw Staff

A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances:

(1)(A) The former prosecution resulted in an acquittal.

(B)(i) There is an acquittal if the former prosecution resulted in a determination of not guilty.

(ii) A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside;

(2)(A) The former prosecution resulted in a conviction.

(B) There is a conviction if the former prosecution resulted in a:

(i) Judgment of conviction that has not been reversed or vacated;

(ii) Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or

(iii) Plea of guilty or nolo contendere accepted by the court; or

(3) The former prosecution was terminated without the express or implied consent of the defendant after the jury was sworn or, if trial was before the court, after the first witness was sworn, unless the termination was justified by overruling necessity.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-1-112. Double jeopardy - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-1-112/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard