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How many people make up a jury for a misdemeanor assault case? How many of their votes are needed to convict someone?

Brooklyn, NY |
Attorney answers 4

Posted

Six jurors and the vote to convict must
Be unanimous.

I have been a criminal defense attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

Asker

Posted

So, only if all 6 jurors agree for the defendant to be convicted will the defendant be in trouble? Otherwise, the defendant is free and all charges are dropped even arrest?

Robert A. Stumpf

Robert A. Stumpf

Posted

Right. If all six agree you are convicted of the charge. If they don't all agree the defendant would be free on that charge. There may be other charges the jury considers or are at play.

Maurice N Ross

Maurice N Ross

Posted

All must agree on the verdict---either guilty or innocent. But if they cannot reach agreement there may be a mistrial, and there could be another trial.

Robert A. Stumpf

Robert A. Stumpf

Posted

that's true, a mistrial could be a possibility. I should have said all else being equal.

Asker

Posted

So, you also need all 6 to say i am not guilty?

Maurice N Ross

Maurice N Ross

Posted

Yes

Asker

Posted

? How hard is can that be when one side is basically saying the opposite of the other side?! Obviously there will always be at least 1 of the 6 who will believe someone no one else does... So, what happens if it isn't 6-0? Is there another trial with another jury and so on until a jury finally decides 6-0?

Posted

6 on both questions. It must be unanimous.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Asker

Posted

And to drop the charges? Does it mean that if 5 people say yes but the 6th says no, the charges are dropped?

Posted

Six and six

Asker

Posted

So, if not all 6 then all charges are dropped? Even when 4 or even 5?

Benjamin J Lieberman

Benjamin J Lieberman

Posted

If all six dont agree to say guilty the verdict will be not guilty

Posted

6 jurors on a misdemeanor trial (maybe the Judge will select an alternate or 2). All must agree on a verict.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.