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 ple

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).