KRS 505.020: Double Jeopardy in Kentucky Criminal Law

What Is KRS 505.020?

KRS 505.020 codifies double jeopardy protections in Kentucky. The principle prevents the government from prosecuting you twice for the same offense. People in Lexington and Louisville facing repeat prosecutions or related charges should understand how this protection applies.

What the Statute Provides

A person cannot be prosecuted twice for the same offense based on the same conduct. The statute also prevents prosecution for multiple offenses arising from the same act when one offense is necessarily included in the other.

Same Offense Analysis

Courts use the “same elements” test to determine whether two offenses are the same. If each offense requires proof of an element the other doesn’t, they’re different offenses.

When Double Jeopardy Applies

Re-prosecution after acquittal
Re-prosecution after conviction
Multiple punishments for the same offense
Lesser included offenses after conviction of greater offense

When Double Jeopardy Does NOT Apply

Mistrials caused by defendant’s conduct
Successful defense appeals
Different sovereigns prosecuting (state vs. federal)
Different victims of same conduct

How an Attorney Uses Double Jeopardy

An experienced attorney can assert double jeopardy to:

Bar successive prosecutions
Prevent multiple punishments
Negotiate plea agreements that protect against future charges
Challenge the structure of indictments

Clark + Harris Asserts Constitutional Protections

Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

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