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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33911
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My niece plead guilty to aggravated battery of a child. She

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My niece plead guilty to aggravated battery of a child. She received a 5 year sentence. If the child dies later, can she then be charged with a more serious crime? Also, can they extend her sentence?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Not by the State of Illinois. Pleading guilty to a "lesser included crime" would make it double jeopardy as to any other state crimes involving the same facts.

JD 1992 :

They also cannot extend her sentence if she has already pled.

JD 1992 :

It is possible to be charged under federal law even if double jeopardy has attached under state law, but it rarely happens.

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