Can You Be Prosecuted for the Same Crime More Than Once?

by Brad Koffel
What happens when a person is charged multiple ways for the same criminal
conduct? Can the person be convicted multiple times and receive multiple
sentences? For example, a person is charged with stealing flat screen
tv from an office. The police arrest “Donald” and charge him
with theft and receiving stolen property, both felonies. Can Donald be
prosecuted for both theft and RSP? Yes. Can he be sentenced on both? No,
he cannot under the theory of Double Jeopardy – Similar Offenses, more
commonly known as “Allied Offenses of Similar Import”.

Ohio law codified this protection in R.C. 2941.25 which requires similar
offenses to merge prior to sentencing to prevent a defendant from being
convicted and sentenced on more than one criminal prohibition for a single
criminal act. The choice, however, is the prosecutor’s and not the
judge’s. The State must choose prior to sentencing which criminal
code they wish the defendant to be sentenced under.

This area of law is confusing and case law continues to evolve. In fact,
in 2009 the Ohio Supreme Court issued two important Allied Offenses decisions
within 3 months of each other that clarified what offenses must merge.

If you or someone you know is being prosecuted on a multi-count indictment
for a single criminal act, it is imperative that the defense lawyer be
aware of Allied Offenses and Lesser Included Offenses (a similar topic).