Short answer. Yes, generally. Under Rule 117, Section 7, a conviction from pleading guilty to a lesser offense normally bars prosecution for the greater offense — but if that plea was made without the consent of both the prosecutor and the offended party, the exception applies, and you can still be prosecuted for the more serious charge.

What the law says

the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged

Rule 117, Section 7 — Former conviction or acquittal; double jeopardy. Read the full provision →

What the law says

the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party except as provided in section 1(f) of Rule 116

Rule 117, Section 7 — Former conviction or acquittal; double jeopardy. Read the full provision →

The general double jeopardy bar

Rule 117, Section 7 sets out the ordinary rule first: once an accused has been convicted, after pleading to the charge before a court of competent jurisdiction, that conviction bars another prosecution for the same offense, for an attempt or frustration of it, or for any offense that necessarily includes or is included in the offense originally charged. A guilty plea to a lesser offense that results in conviction would ordinarily fall within this protection, closing the door on being charged again over the same underlying act.

The exception for a plea made without consent

The rule then carves out situations where a conviction on the lesser offense will not bar prosecution for the graver offense that necessarily includes it. One of those situations is exactly this: the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party, except as provided in Section 1(f) of Rule 116. If the prosecutor genuinely never agreed to the lesser-offense plea, that consent requirement was not satisfied, and the conviction on the lesser offense does not bar prosecution for the more serious offense.

The other two exceptions

Two further situations also let prosecution for the graver offense proceed despite an earlier conviction: when the graver offense developed from supervening facts arising out of the same act or omission as the former charge, and when the facts constituting the graver charge became known or were discovered only after the plea was entered in the earlier case. Like the missing-consent exception, both of these apply only where the later offense necessarily includes the one already prosecuted.

Credit for what you already served

If you are later prosecuted and convicted of the graver offense under any of these exceptions, and you had already satisfied or served part of the judgment on the lesser offense, the rule requires that this be credited toward the sentence for the graver offense. A return to the more serious charge, where the exception genuinely applies, does not mean starting over from zero on whatever penalty you have already paid or served.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.