An acquittal means the defendant has been found not guilty of a criminal charge. This can result either from a jury’s not-guilty verdict or, in some situations, from a judge deciding the prosecution’s evidence is insufficient to legally support a conviction.
An acquittal does not require the defendant to prove actual innocence; it just means the government was unable to prove guilt beyond a reasonable doubt. A valid acquittal triggers double jeopardy protections, generally prohibiting the government from prosecuting the defendant again for that same offense.
In a California criminal jury trial, the prosecutor must convince every juror, beyond a reasonable doubt, that the defendant committed the crime. If the jury unanimously finds that the evidence falls short, the result is an acquittal, meaning not guilty. Criminal cases often involve several separate charges or counts.
Each count is considered on its own, so it is possible for a defendant to be:
If you are acquitted of one or more charges but convicted on another, you cannot be retried for those counts.
No, there’s an important difference. An acquittal occurs after the trial has begun. This is a legal finding that is determined after evidence or argument is presented, and the verdict (or judge’s ruling) ends the prosecution of that specific charge. A dismissal can happen for many reasons and at various stages of a case.
A judge might dismiss a charge because of procedural issues, lack of evidence at an early stage, or due to other legal technicalities. Or a prosecutor might move to have charges dismissed.
Depending on the reason and timing of the dismissal, the prosecution may sometimes be allowed to refile the charge, unlike a final acquittal, which typically bars a new case for the same offense under double jeopardy.
No, a hung jury is not the same as an acquittal. A hung jury occurs when the jurors cannot all agree on a verdict, either guilty or not guilty. In California, a verdict must be unanimous, so even one juror’s disagreement can result in a mistrial due to a hung jury. Unlike an acquittal, a hung jury does not clear the defendant of the charges.
The case remains unresolved, and prosecutors may choose to dismiss the charges, offer a plea deal, or retry the case entirely with a new jury. A hung jury generally does not prevent prosecutors from retrying the case.
If you are acquitted of all charges in your case, the court does not impose a criminal sentence on those charges, and any bail requirements related entirely to that case usually come to an end. If you have been in custody only in the acquitted case, you should generally be released. However, release is not always immediate.
If you are also being held for another pending case, a warrant from another jurisdiction, probation or parole violations, or an immigration hold, you may not be released right away. The court will address these other matters separately.
Being acquitted does not automatically erase all records of the case from your criminal history. The arrest and court proceedings may still show in background checks or criminal databases, even if no conviction resulted.
California offers record-clearing options for people who were arrested but not convicted, including certain types of automatic relief under Penal Code § 851.93. A defense lawyer can help you with the process of clearing your record if needed.
In most situations, prosecutors cannot appeal a judgment of acquittal in a way that could result in the defendant being retried for the same charge. Once a valid acquittal is entered, double jeopardy protections usually prevent the government from getting another chance to convict the defendant on that charge.
An acquittal protects you from being tried again for the same charges, but there might still be questions about your record, release, and your rights moving forward. A criminal defense lawyer can help you understand what the verdict means for you, whether you qualify for record sealing, and what steps can be taken to protect your future.
If you need guidance after a trial in California, or want to discuss your options for clearing your record, contact Perlman & Cohen Los Angeles Criminal Lawyers to speak with a Los Angeles criminal defense lawyer today.
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