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Does Acquitted and Not Guilty Mean the Same?

Posted by Sam Israels | Oct 23, 2025

Understanding the distinct but often used interchangeably terms 'acquitted' and 'not guilty' is important in criminal law. An acquittal is a formal judgment of not guilty issued after a trial, while 'not guilty' can serve as the verdict or the legal determination.

Acquitted and Not Guilty
There are differences between the legal terms 'acquitted' and 'not guilty' in criminal trials.

While an acquittal generally entails a "not guilty" verdict, it can also encompass other methods by which a defendant is cleared of charges before a full trial. 

In a criminal trial, a determination of not guilty will absolve you of responsibility and trigger "double jeopardy" protections, preventing re-trial for the same offense.

This protection ensures that you cannot be tried again for the same crime, providing a sense of security. However, subtle distinctions exist between the terms that are worth noting.

Simply put, "not guilty" means the defendant is not legally responsible for the criminal charge brought against them. An acquittal, on the other hand, is a verdict by a judge or jury finding the defendant not guilty of the crime charged.

An acquittal does not automatically indicate the defendant's innocence in a criminal case. Rather, it signifies that the prosecutor couldn't prove guilt "beyond a reasonable doubt." 

Key Takeaways

  • Being "acquitted" and being found "not guilty" both essentially release you from legal responsibility for a crime because there isn't enough evidence to prove guilt beyond a reasonable doubt. This can provide the defendant with a sense of relief and reassurance.
  • An acquittal is the court's official declaration that the defendant is no longer charged and is free from any obligations related to the case. This significant verdict can be issued during a bench trial (before the judge) or a jury trial.
  • In our criminal justice system, an acquitted defendant is not deemed "innocent." Instead, it simply indicates that the prosecutor did not meet the "beyond a reasonable doubt" standard for proving the defendant's guilt.
  • A 'not guilty' verdict is grounded solely on the evidence presented; acquittal may also consider other factors. When a jury finds you "not guilty," it indicates the prosecution failed to provide sufficient evidence to prove your guilt.
  • An acquittal signifies that the prosecution cannot establish guilt beyond a reasonable doubt under any circumstances.
  • A "not guilty" verdict is given at the end of a trial, but acquittal can be declared at different points.
  • During a trial, a defense attorney plays a crucial role in the legal process. They may submit a motion for a judgment of acquittal, a strategic move that can significantly impact the case.
  • A hung jury often leads to one of the most confusing and uncertain outcomes in a California criminal case.

When Can You Request a Judgment of Acquittal in CA?

In California, under Penal Code 1118.1, a defense lawyer may request a judgment of acquittal after the presentation of evidence and before jury deliberation. This tactic often dismisses one or more charges early in the process. 

To succeed, the lawyer must convincingly argue that the prosecution's evidence is not enough to secure a conviction.

A partial acquittal is a legal term for a situation in which a defendant is acquitted of some charges but not others. This happens when multiple charges are filed, and the jury or judge finds there isn't enough evidence to convict on all of them.

Is an Acquittal Equivalent to a Dismissal?

No, acquittal and dismissal are different. An acquittal happens when, during or after a trial, it's decided that there's not enough evidence to prove guilt. This distinction is important to understand in the legal process and can make the audience feel more informed.

LA Defense Lawyers

A dismissal, on the other hand, drops the charges before trial begins due to insufficient or tainted evidence or a violation of rights. Also, a dismissal doesn't always mean you're protected from being tried again for the same offense, as prosecutors might refile charges if new evidence emerges.

A California criminal defense attorney might petition the court to dismiss the case if the police arrested the defendant without probable cause or if the DA made specific errors in the criminal complaint. 

There could have been an unlawful search and seizure, or the evidence might be insufficient to support the charges, which often leads prosecutors to drop the case.

It's important to note that charge reduction is a separate process, often involving a prosecutor or judge lowering charges from a felony to a misdemeanor. Such reductions are frequently part of a plea agreement. For more information, contact our California criminal defense lawyers at Cron, Israels & Stark in Los Angeles, CA.

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About the Author

Sam Israels
Sam Israels

Sam J. Israels is a Law Firm partner with the Law Offices of Cron, Israels, & Stark. Mr. Israels received his J.D. degree from the Santa Clara University School of Law. Mr. Israels also previously worked at the Los Angeles Office of the City Attorney. He is admitted to practice law in the State o...

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