Acquittal

An acquittal is the legal word for “not guilty.” It happens when a judge or jury decides the prosecution did not prove its case, and it ends the criminal charges against you. Once you are acquitted, you cannot be tried again for the same crime — that is the protection known as double jeopardy.

How Acquittal Works in California

In California, an acquittal can come at several stages. A jury can return a not-guilty verdict after deliberation, ending the case immediately under Penal Code § 1158. A judge can also grant a motion for acquittal under Penal Code § 1118 (in a bench trial) or § 1118.1 (in a jury trial) when the prosecution rests without presenting enough evidence to support a conviction. In a bench trial, the judge alone decides; in a jury trial, the jurors must agree unanimously, and a single holdout produces a hung jury rather than an acquittal.

An acquittal is final. Once entered, the Fifth Amendment and Article I, Section 15 of the California Constitution prohibit retrial for the same offense, even if new evidence later surfaces. This is different from a dismissal, which can sometimes be refiled, and different from a hung jury, which usually leads to a retrial. After an acquittal, a person is also generally entitled to seal and destroy the arrest record under Penal Code § 851.8 if they can show factual innocence — a powerful additional remedy that goes beyond simple expungement.

Why Acquittal Matters to Your Defense

The whole point of building a strong criminal defense is to put the prosecution in a position where it cannot meet its burden — and an acquittal is the proof it failed. A skilled defense attorney does not just hope for that result; they engineer it through suppression motions, careful cross-examination, expert witnesses, and a clear, persuasive narrative for the jury.

Even when an acquittal seems unlikely on the surface, a § 1118.1 motion at the close of the prosecution’s case can win the case outright if the evidence is legally insufficient. These motions are underused but powerful, and they highlight why having an experienced trial attorney — not just a plea negotiator — matters in serious California cases.

Related Legal Terms

An acquittal closely connects to the doctrines of beyond a reasonable doubt, double jeopardy, and verdict, and stands in contrast to outcomes like a hung jury or conviction. The path to an acquittal often runs through a strong suppression motion and aggressive trial preparation in our criminal defense and DUI defense practice.

Facing Charges Where This Applies?

If you are heading toward trial, the goal is not just to survive — it is to win. Attorney Chris Nalchadjian provides free, confidential consultations 24/7 and prepares every case as if it were going to verdict. Call KN Law Firm at (888) 950-0011.