2020 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 1 - General Provisions
§ 5-1-113. Affirmative defense — Former prosecution for different offense

Universal Citation: AR Code § 5-1-113 (2020)

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

  1. (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:

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

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

      1. (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

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

  2. (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. (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.

Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.