Double jeopardy is a constitutional protection that prevents an individual from being prosecuted twice for the same crime.

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But it considers the state government and the federal government to be separate sovereigns, allowing each to charge someone for the same criminal conduct.

Also, New York state has its own double jeopardy protection that’s stronger than the US Constitution.

It mandates that a person cannot be prosecuted twice for the same offence or for separate offences related to the same criminal act, even if one is state and one is federal.

Mangione’s defence team has already filed a motion explaining why the state charges should be dropped over double jeopardy concerns.

The motion asks the court to dismiss nearly all counts related to the killing of Brian Thompson, including second degree murder. The only remaining charge would be for the possession of an allegedly fraudulent identification card.

Mangione’s lawyers allege that the New York County District Attorney’s Office and the US Department of Justice “cut a deal” to manoeuvre around the technicalities of double jeopardy protections and give the defendant the harshest possible punishment.

With this attempt to get the state charges thrown out, Mangione is “clearly putting all his eggs in the double jeopardy basket,” said Chutkow.

Anna Cominsky, professor at New York Law School, said the plea in the federal case “significantly complicates the state’s ability to proceed” and until it is resolved, the jury selection cannot start.

“Given Mangione’s allocution in federal court today, addressing the very elements of the offence he is charged with in the state prosecution, the defence has a very compelling argument that double jeopardy applies,” she said, adding that the guilty plea also could be used in a state trial.