“You Can’t Charge Me Twice”: How a Misdemeanor Plea Can Kill a Felony Robbery Case

By: John Guidry

After practicing criminal defense for over 20 years, I’m prone to telling a few war stories here and there. With that warning in hand, here’s what happened.

The “Public Pleasure” Plea Strategy My client kept getting into trouble for lewd acts (specifically, pleasuring himself in public).

• The Incident: He decided to perform his act across the street from a high school cheerleading practice. (I deleted several crude jokes here, but you get the picture).
• The Charges: The cop arrested him on four misdemeanors.
• The Danger: Given the age of the cheerleaders, the State was preparing to upgrade this to a nasty Felony Lewd and Lascivious charge.
• The Move: I had him plead to the misdemeanors immediately at arraignment. The fresh-faced prosecutor objected but forgot to drop the charges to stop the plea.
• The Win: Because he pled to the misdemeanors, Double Jeopardy attached. The State was blocked from filing the felonies later.

This leads us to our case of the day: Lafferty v. State, 114 So. 3d 1115 (Fla. 2d DCA 2013).

Is the State trying to prosecute you for a crime you already pled to?

That violates the Constitution. Call John today at (407) 423-1117.

The Case: Lafferty v. State (The Purse Snatch)

Lafferty was convicted of Robbery by Sudden Snatching (a 3rd Degree Felony) and sentenced to prison.

• The Incident: It was a purse snatching in a Target parking lot.
• The First Case: Lafferty was initially arrested for Petit Theft. He quickly pled guilty to the misdemeanor.
• The Second Case: The State, claiming the “robbery investigation” was ongoing, later filed the Felony Robbery charge for the same purse.

The Double Jeopardy Defense: Lafferty’s attorney filed a Motion to Dismiss, arguing that a second conviction for this same incident violated his Constitutional right to be free from Double Jeopardy.

• The Trial Court: Denied the motion.
• The Appeal: The Appellate Court reversed the conviction.

The “Blockburger” Test (Same Elements)

How did the court decide? They used the “Same-Elements Test” (based on Blockburger v. U.S. and Fla. Stat. 775.021(4)).

• The Rule: If all elements of the lesser charge (Petit Theft) are contained within the greater charge (Robbery), you cannot be convicted of both.
• The Application:
  1. Petit Theft requires taking property.
  2. Robbery by Sudden Snatching requires taking property + the victim becoming aware of it.
  3. Because you cannot commit the Robbery without also committing the Theft, they are the “same offense” for Double Jeopardy purposes.

Since Lafferty had already pled to the Theft, the State was banned from prosecuting the Robbery.

Wait, It Gets Tricky: It only takes one different element to defeat Double Jeopardy.

• The “Grand Theft” Exception: If Lafferty had been convicted of Grand Theft (Value > $750) and Robbery (Force/Snatching), both convictions would stick.
  • Why? Grand Theft requires proof of Value. Robbery does not. Because each crime has a unique element (Value vs. Force), you can be punished for both.

John’s 2026 Update: The “Charge Stacking” Workaround

Note: In 2013, Lafferty won because the charges were identical. In 2026, prosecutors know how to fix that.

1. Stacking “Resisting Recovery of Property” To avoid the Lafferty trap, prosecutors now add a charge of Resisting Recovery of Property (Fla. Stat. 812.015(6)).

• The 2026 Tactic: If you snatch a purse and the victim grabs the strap, they charge you with Robbery and Resisting Recovery.
• The Result: These crimes have different elements. Pleading to one does not block the other.

2. The “Habitual Offender” Trap In Lafferty, the goal was to avoid prison.

• The 2026 Danger: Today, computers at the State Attorney’s Office automatically flag defendants who qualify as Habitual Felony Offenders (HFO).
• The Strategy: They will often nolle pros (drop) the misdemeanor immediately at First Appearance to prevent you from “pleading out” like my lewd client did. They are much faster now at blocking the “Double Jeopardy” defense before it starts.

3. “Dual Sovereignty” (The Feds) Remember, Double Jeopardy only stops the same sovereign (State of Florida) from trying you twice.

• The Loophole: If your theft involved a firearm or crossing state lines, the Federal Government can prosecute you for the exact same act, even if the State case was dismissed. Double Jeopardy does not apply between State and Federal courts.

Speed Matters

The key to the Lafferty strategy is speed. If you have a misdemeanor charge that might turn into a felony, we need to act fast. Sometimes, pleading guilty early is the best way to stop a life sentence later.

Call me at (407) 423-1117. Let’s beat the felony filing.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.