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Virginia Man’s Firearm Convictions Reversed on Double Jeopardy Grounds

On Behalf of | Aug 10, 2021 | Court Procedure, Weapons Offenses

Both the United States Constitution and the Virginia State Constitution contain provisions that prevent a criminal defendant from being charged or punished twice for the same offense. These protections from “double jeopardy” help form the backbone of the procedural due process rights that criminal defendants are entitled to under both the state and federal constitutions. The Virginia Court of Appeals recently decided to reverse a defendant’s convictions on these grounds, finding that he could not be convicted of two charges for the same conduct, and that the prosecution would have to choose one or the other charge upon a retrial.

The defendant in the recently decided case was charged with several crimes after an alleged burglary. Police were tipped off to the defendant after he was observed spending some old currency that appeared to be the same as that which was reported missing from the victim’s home. After serving a search warrant at the defendant’s house, police found allegedly stolen items in his possession, including jewelry, currency, firearms, and ammunition. Among other charges, the defendant was charged with possession of a firearm by a felon as well as possession of ammunition by a felon. At trial, the defendant was ultimately convicted of several crimes, including both the enhanced firearm and ammunition offenses.

The defendant appealed his conviction, arguing that the offenses of possession of a firearm by a felon and possession of ammunition by a felon cannot be charged together under the circumstances of the case without violating constitutional double jeopardy clauses. The defendant convinced the appellate court that because the two charges arose out of the same occurrence, by the same factual pattern, and were not two separate incidents of possession, that he could not be punished for both. The Virginia Court of Appeals reversed both of the defendant’s convictions and instructed the prosecution to choose one or the other charge and retry the defendant.

It is not uncommon for prosecutors and law enforcement officers to over-cite or overcharge defendants with several, sometimes overlapping or factually unsupported crimes at once. Defendants may unwittingly plead guilty to or be convicted of charges that should not be allowed under double jeopardy or other constitutional grounds. A qualified Virginia criminal defense attorney can help someone who is charged with multiple crimes protect their constitutional rights and fight the charges against them.

Have You Been Arrested for a Virginia Felony Crime?

If you have been arrested or charged with any Virginia felony crime, the punishment can be severe and life-altering. An experienced Virginia criminal defense attorney can help you fight the charges and reduce the severity of any punishment you may have to face. The qualified criminal defense lawyers at Robinson Law, PLLC have experience representing clients charged with all felony and misdemeanor offenses, including burglaries and gun charges. If you’ve been accused or charged with a crime, be sure to have an experienced advocate by your side from the start. To learn more about how Robinson Law can help you fight your case, and to schedule a free consultation, call 703-542-3616.