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Double jeopardy applies to the same act, not the same crime. You cannot be tried for the same act twice if the case is fully resolved (i.e., it ends with a plea or a verdict or an appeals court renders a decision that "prejudice" shall apply.)

This is why prosecutors always overcharge: if they undercharge, they are foreclosed from seeking a conviction on the more serious charges once the case is resolved (whether they win or lose).



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