An acquittal is a legal determination that a criminal defendant is not guilty of one or more charges. It generally occurs when a judge or jury concludes that the prosecution failed to prove every required element of the alleged crime beyond a reasonable doubt.
An acquittal prevents the defendant from being convicted or punished for that charge. However, it does not always establish factual innocence, erase the arrest from public records, or prevent every civil case arising from the same conduct.
What Is an Acquittal?
In criminal law, an acquittal is a judgment or verdict resolving a criminal charge in the defendant’s favor.
A jury may acquit a defendant by returning a not-guilty verdict. A judge may also acquit the defendant after a bench trial or enter a judgment of acquittal when the prosecution’s evidence is legally insufficient to support a conviction.
Once a valid acquittal becomes final, the Double Jeopardy Clause generally prevents the government from trying the defendant again for the same offense.
How Do You Pronounce Acquittal?
Acquittal is pronounced:
/uh-KWIT-uhl/
The related verb is acquit, which means to formally find a defendant not guilty of a criminal charge.
What Is the Origin of the Word Acquittal?
The word “acquittal” developed from an Old French term associated with releasing or freeing someone from an obligation or accusation.
In modern American law, the term specifically refers to the formal resolution of a criminal charge in the defendant’s favor.
How Does an Acquittal Happen?
An acquittal can occur in several ways, depending on whether the criminal case is decided by a jury or judge.
Acquittal by a Jury
In a jury trial, an acquittal occurs when the jury returns a verdict of not guilty.
The jury does not have to determine that the defendant proved their innocence. Instead, jurors must acquit if the prosecution failed to prove every element of the offense beyond a reasonable doubt.
Acquittal in a Bench Trial
In a bench trial, the judge performs the role that a jury would ordinarily perform. The judge listens to the evidence, evaluates witness credibility, applies the law, and decides whether the prosecution proved the charge beyond a reasonable doubt.
If the judge finds that the prosecution did not meet that burden, the judge enters a not-guilty judgment.
Judgment of Acquittal
A judge may enter a judgment of acquittal when the prosecution’s evidence is legally insufficient to sustain a conviction.
In federal criminal cases, this procedure is governed by Rule 29 of the Federal Rules of Criminal Procedure. A defendant may request a judgment of acquittal after the prosecution closes its evidence, after all evidence has been presented, or under certain circumstances after a guilty verdict or jury discharge.
The exact procedure and timing vary between federal and state courts.
What Can Lead to an Acquittal?
An acquittal results when the prosecution fails to prove at least one required element of the charged offense beyond a reasonable doubt.
Circumstances that may contribute to an acquittal include:
- Insufficient evidence connecting the defendant to the offense
- Unreliable or contradictory witness testimony
- Mistaken identification
- A failure to prove criminal intent
- Credible evidence supporting self-defense or another legal defense
- Physical or digital evidence that conflicts with the prosecution’s theory
- Exclusion of evidence obtained unlawfully
- A reasonable alternative explanation for what occurred
The defense ordinarily does not have to prove who committed the crime or establish the defendant’s innocence. The burden remains on the prosecution throughout the case.
What Is a Partial Acquittal?
A partial acquittal occurs when a defendant is found not guilty of some charges but convicted of others.
For example, suppose a defendant faces charges of aggravated assault, unlawful possession of a weapon, and property damage. The jury might acquit the defendant of aggravated assault but convict them of property damage.
The defendant cannot ordinarily be retried for the charge that resulted in an acquittal. However, the court may still impose a sentence for any charge that resulted in a valid conviction.
A partial acquittal can also occur when a defendant is acquitted of a more serious offense but convicted of a lesser-included offense.
Is an Acquittal the Same as a Not-Guilty Verdict?
A not-guilty verdict is the most common form of acquittal.
“Not guilty” describes the decision reached by the judge or jury. “Acquittal” describes the legal result of that decision.
Neither term necessarily means the judge or jury affirmatively found that the defendant was innocent. It means the prosecution failed to establish guilt under the demanding beyond-a-reasonable-doubt standard.
Does an Acquittal Prove Innocence?
Not necessarily.
An acquittal establishes that the defendant cannot be convicted of the charge based on the applicable law and evidence. It does not always establish what factually happened.
For example, jurors may believe that some evidence points toward the defendant but still acquit because the evidence leaves a reasonable doubt. The legal system requires an acquittal in that situation because suspicion or probability is not enough for a criminal conviction.
An exoneration is different. That term is commonly used when new evidence, DNA testing, recanted testimony, or an official review establishes that a person was wrongfully accused or convicted.
Acquittal vs. Dismissal
An acquittal and dismissal can both end a criminal charge, but they occur for different reasons and have different legal effects.
An acquittal is a determination that the defendant is not guilty or that the evidence cannot legally support a conviction. A dismissal ends the charge without a guilty or not-guilty verdict.
A prosecutor may dismiss a charge, or a judge may order dismissal because of insufficient evidence, constitutional violations, procedural problems, or other legal grounds.
Contrary to a common misconception, dismissal does not always occur before trial. A charge can sometimes be dismissed during a trial.
Dismissal With Prejudice
A dismissal with prejudice generally prevents the prosecution from filing the same charge again.
Dismissal Without Prejudice
A dismissal without prejudice may allow the prosecution to file the charge again if it corrects the problem and acts within the applicable statute of limitations.
Whether a dismissal prevents another prosecution depends on why the charge was dismissed, when it occurred, and whether constitutional double-jeopardy protections had attached.
Acquittal vs. Mistrial
A mistrial ends a trial without a final verdict resolving the charge.
A mistrial may occur because:
- The jury cannot reach a unanimous or legally sufficient verdict
- Serious juror misconduct occurred
- Highly prejudicial information was improperly introduced
- An attorney or witness created an error that prevented a fair trial
- An emergency made completing the trial impossible
Unlike an acquittal, a mistrial may allow the prosecution to try the defendant again. The answer depends on why the mistrial occurred and whether the defendant requested or consented to it.
Acquittal vs. Exoneration
An acquittal means the prosecution failed to prove guilt beyond a reasonable doubt.
An exoneration usually occurs after a person was convicted or officially blamed and later cleared through new evidence or legal review. Exoneration more strongly suggests that the original accusation or conviction was wrongful.
A person can therefore be acquitted without being described as exonerated.
Acquittal vs. Pardon
An acquittal is a court result preventing a criminal conviction. A pardon is an act of executive clemency granted after or in connection with an offense.
A pardon may forgive some legal consequences of a conviction, but it does not necessarily erase the conviction or declare the recipient innocent. The scope of a pardon depends on federal or state law and the terms of the pardon itself.
Acquittal vs. Other Criminal Case Outcomes
| Outcome | Basic meaning | Is another prosecution possible? |
|---|---|---|
| Acquittal | The defendant is found not guilty | Generally not for the same offense |
| Dismissal with prejudice | The charge is terminated permanently | Generally not for that charge |
| Dismissal without prejudice | The charge ends without a final determination | It may be refiled |
| Mistrial | The trial ends without a final verdict | A retrial may be allowed |
| Conviction | The defendant is found guilty | The defendant may appeal |
| Exoneration | A prior accusation or conviction is shown to be wrongful | Depends on the circumstances |
| Pardon | Executive clemency forgives certain consequences | Does not function as an acquittal |
| Expungement | A record is removed, sealed, or restricted under applicable law | Does not change the original verdict |
Can an Acquittal Be Appealed?
The government generally cannot appeal a genuine acquittal merely because prosecutors disagree with the decision.
The Fifth Amendment’s Double Jeopardy Clause protects defendants from repeated criminal prosecutions for the same offense. This protection ordinarily applies even when the government believes that the judge or jury misunderstood the evidence or reached an incorrect result.
The government may sometimes appeal a separate legal ruling that did not constitute an acquittal, particularly when reversing the ruling would not require retrying the defendant. Courts examine the substance of the trial court’s decision rather than relying only on the label placed on it.
The Constitution Annotated provides additional information about jury acquittals and reprosecution.
Can a Defendant Be Tried Again After an Acquittal?
Generally, a defendant cannot be prosecuted again by the same government for the same offense after a valid acquittal.
However, double-jeopardy protection does not prevent every later proceeding connected to the same conduct.
A later case may sometimes be possible when:
- The first proceeding ended in a mistrial rather than an acquittal
- The jury could not reach a verdict
- The later charge is legally a different offense
- Separate state and federal governments have authority under their respective laws
- The later proceeding is civil rather than criminal
- The acquittal applied to only some of several charges
Determining whether two charges constitute the “same offense” can require a detailed constitutional analysis.
Can Someone Face a Civil Lawsuit After an Acquittal?
Yes. A criminal acquittal does not always prevent a civil lawsuit based on the same event.
Criminal prosecutors must prove guilt beyond a reasonable doubt. Most civil plaintiffs must prove their claims by a preponderance of the evidence, which generally means that the claim is more likely true than not true.
Because the civil standard is lower, conduct that does not result in a criminal conviction may still lead to civil liability.
For example, a driver acquitted of a criminal charge arising from a fatal collision could still face a wrongful death lawsuit. The civil case would determine financial liability rather than criminal guilt or punishment.
Does an Acquittal Erase the Defendant’s Criminal Record?
Not automatically.
An acquittal ends the criminal charge, but records of the arrest, booking, prosecution, and court proceedings may remain available. These records may appear in certain background checks even though the defendant was never convicted.
Depending on the jurisdiction, an acquitted person may be eligible for:
- Expungement
- Record sealing
- Automatic record restriction
- Destruction of certain arrest records
- Correction of inaccurate background-check information
State laws differ considerably. A person should not assume that an acquittal automatically removes every record associated with the case.
Are You Released Immediately After an Acquittal?
A defendant who is held solely on the acquitted charge will generally be released after the court completes the necessary processing.
Immediate release may not occur if the person:
- Is being held on another criminal charge
- Has an outstanding warrant
- Is serving a sentence in another case
- Is subject to an immigration detainer
- Was acquitted of only some charges and convicted of others
The court’s clerk, jail, and law enforcement agencies may need time to process the release order.
Do You Receive Compensation After an Acquittal?
An acquittal does not automatically entitle the defendant to compensation for attorney fees, lost wages, reputational harm, emotional distress, or time spent in custody.
Compensation may be available in narrower circumstances. For example, someone who was wrongfully convicted and later exonerated may qualify under a federal or state wrongful-conviction compensation statute.
A separate civil rights lawsuit may also be possible if government officials violated the person’s constitutional rights. However, an acquittal alone does not prove police or prosecutorial misconduct.
Eligibility for compensation depends on the facts, applicable law, filing deadlines, and whether the person satisfies the requirements of a compensation program or civil claim.
Examples of Acquittal
Mistaken Identification
A witness identifies a defendant as the person who committed a robbery. Surveillance footage and phone-location records create substantial doubt about whether the defendant was present. The jury returns a not-guilty verdict.
Failure to Prove Intent
A defendant is charged with intentionally damaging property. The evidence shows that the damage may have been accidental. Because the prosecution cannot prove the required criminal intent beyond a reasonable doubt, the defendant is acquitted.
Self-Defense
A defendant admits using force but argues that the force was necessary to prevent imminent harm. After considering the evidence and applicable self-defense law, the jury finds the defendant not guilty.
Partial Acquittal
A defendant faces three charges arising from the same incident. The jury acquits the defendant of two charges but returns a guilty verdict on the third. The acquittal protects the defendant from another prosecution on the two resolved charges.
Frequently Asked Questions About Acquittal
I was acquitted of one charge but convicted of another. What happens next?
The acquitted charge is generally resolved and cannot be retried by the same government. The case continues as to the conviction, and the court may impose a sentence for that offense. The defendant may also have the right to appeal the conviction.
The jury could not agree on a verdict. Have I been acquitted?
No. A hung jury ordinarily results in a mistrial, not an acquittal. The prosecution may be permitted to retry the charge, negotiate a plea agreement, or dismiss the case.
I was acquitted, but the arrest still appears on a background check. Is that legal?
An acquittal does not automatically erase the arrest or court record. You may need to apply for expungement or sealing, depending on state law. You can also dispute inaccurate information reported by a background-check company.
I was found not guilty after a car accident. Can the injured driver still sue me?
Possibly. A criminal acquittal does not automatically prevent a personal injury lawsuit. The civil case uses a lower burden of proof and addresses financial liability rather than criminal punishment.
Police seized my property when I was arrested. Must they return it after my acquittal?
Not always automatically. The government may claim that the property is evidence, contraband, subject to forfeiture, or connected to another investigation. You may need to file a formal request or court motion seeking its return.
Can my employer fire me even though I was acquitted?
Possibly. An acquittal prevents a criminal conviction, but it does not necessarily restrict a private employer’s decisions. Employment contracts, union agreements, anti-discrimination laws, public-employment protections, and state laws may affect the outcome.
Can new evidence reopen a charge after an acquittal?
Generally, no. Even powerful new evidence ordinarily does not allow the same government to retry a defendant after a valid acquittal for the same offense. Different charges, another sovereign’s authority, or a civil proceeding may raise separate questions.
Disclaimer: This vocabulary page is provided by Express Legal Funding for general educational purposes only. It does not constitute legal advice, create an attorney-client relationship, or replace advice from a qualified criminal defense attorney. Criminal procedures, double-jeopardy protections, record-sealing rules, and compensation laws vary by jurisdiction and case. Express Legal Funding does not provide legal representation in criminal matters.
