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Arkansas Code Title 5. Criminal Offenses § 5-1-113. Former prosecution--Different offense

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

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

(1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is for:

(A) Any offense of which the defendant could have been convicted in the first prosecution; or

(B) An offense based on the same conduct, unless:

(i) The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or

(ii) The second offense was not consummated when the former trial began;

(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense; or

(3) The former prosecution was terminated under the circumstances described in § 5-1-112 and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been terminated.

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Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-1-113. Former prosecution--Different offense - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-1-113/

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