A hung jury is what happens when the jurors cannot all agree on whether the defendant is guilty or not guilty. In California criminal cases, the verdict has to be unanimous — every single juror must agree. If even one juror holds out, the jury is considered “hung,” and the judge declares a mistrial. The case is not over, but it does not end with a conviction.
How Hung Juries Work in California
California requires unanimous jury verdicts in criminal cases under Article I, Section 16 of the California Constitution. When deliberations stall, the judge may give an instruction encouraging continued deliberation — historically called a “dynamite charge” — but cannot coerce a verdict. If the jury reports it is genuinely deadlocked after reasonable deliberation, the court declares a mistrial under Penal Code § 1140.
After a hung jury, double jeopardy generally does not bar retrial because jeopardy has not “terminated” — the case can be set for a new trial in front of a new jury. The prosecution may also choose to dismiss the case, especially when the jury split was strongly in the defense’s favor (such as 11-1 or 10-2 for acquittal). In some cases, prosecutors offer reduced charges or favorable plea terms after a hung jury rather than risk another trial.
Why a Hung Jury Matters to Your Defense
A hung jury is a significant defense achievement. The prosecution failed to convince the jury beyond a reasonable doubt, and that failure creates leverage. Defense attorneys often use a hung jury — particularly one that split heavily for acquittal — to negotiate dismissal, reduced charges, or pretrial diversion if the case is set for retrial. The juror feedback that emerges after the verdict can also reshape the defense theory and witness preparation for any second trial.
Sometimes a hung jury also signals that an additional motion may now be viable. After hearing the prosecution’s full case, the defense may identify Penal Code § 1118.1 sufficiency arguments that were not as clear before. A skilled criminal defense attorney treats the period after a hung jury as a strategic opportunity, not a setback.
Related Legal Terms
A hung jury is closely connected to the rules of jury selection and voir dire, the standard of beyond a reasonable doubt, and the protections of double jeopardy. These trial concepts come up routinely in our criminal defense and DUI defense practice.
Facing Charges Where This Applies?
If your case ended in a hung jury — or you are heading toward trial and want a defense team prepared to push for one — the strategic decisions ahead matter enormously. Attorney Chris Nalchadjian offers free, confidential consultations 24/7. Call KN Law Firm at (888) 950-0011.
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