How You Can Get a New Trial if the Wrong Jury Instructions Were Given
If the judge in your case gave the jury wrong or incomplete instructions, you may be entitled to a new trial. A new trial will be ordered when:
- The court had a duty to give the jury the correct instructions;
- There was evidence to support the correct jury instructions; and
- Wrong or incomplete jury instructions affected the outcome of the trial.
When are Wrong Jury Instructions Given?
In California, trial courts have a duty to provide jury instructions on all lesser offenses that are supported by evidence. For example, during a murder trial, the court would instruct the jury on the difference between first and second degree murder (whether the killing was premeditated), as well as on any lesser offenses that are supported by evidence, such as voluntary or involuntary manslaughter.
If the court only instructed the jury on first and second degree murder, the court failed to instruct the jury on the lesser included offenses, and any conviction could be thrown out on appeal. Our criminal defense lawyers at Wallin & Klarich are familiar with this appeal process, and we can help you appeal your criminal conviction.
What if My Defense Attorney did not Request Jury Instructions?
Even if your attorney failed to request jury instructions for the lesser offenses during your case, you are still entitled to have the correct instructions read to the jury. In California, it is always the responsibility of the court to ensure that the jury considered every supportable defense theory.
How Do I Know if a Lesser Offense is Supported by Evidence?
In order for the court to be required to instruct the jury on a lesser offense, that offense must be supported by substantial evidence. This means that there must merely be some existing evidence that supports the lesser crime. In a murder trial, substantial evidence to support the lesser offense of voluntary or involuntary manslaughter could be anything that suggests the killing occurred as the defendant was reacting to actual fear of imminent death or harm, e.g. self-defense.
When Do Jury Instructions Affect the Outcome of the Trial?
Failure to give jury instructions will be considered harmful to your trial if there is a reasonable chance that a more favorable result would have been reached had the jury been properly instructed. Moreover, so long as this condition applies and the lesser offense is supported by evidence, a new trial should be granted because the jury should have had the opportunity to have considered the lesser offense.
The Attorneys at Wallin & Klarich are Here to Help
At Wallin & Klarich, our attorneys have the knowledge and experience necessary to help you appeal your conviction. It is essential to have a qualified attorney capable of navigating through the appeals process if you want to successfully appeal the decision made in your case.
With over 40 years of experience in California and with offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys at Wallin & Klarich will help you obtain the best possible result in your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 today for a free telephone consultation. We will be there when you call.
In my son’s case a judge admits that he possibly gave wrong instructions to the jury and now the judge is retired. Is there anything that can be done. My son was convicted in 2011
Hi Tina,
We need to know more information about your son’s case in order to answer your questions. Please contact our offices at (877) 466-5245 so we can discuss your son’s case in greater detail.
We look forward to your call!