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Simple English definitions for legal terms
fatal variance
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A quick definition of fatal variance:
Fatal variance is a legal term that refers to a difference between the charges made against a defendant and the evidence presented in court. If the variance is significant enough to deprive the defendant of fair notice or expose them to double jeopardy, it is considered fatal and can lead to a reversal of the conviction. In zoning law, a variance is an official permission to deviate from the requirements, either for construction and placement (area variance) or for use (use variance).
A more thorough explanation:
Definition: A fatal variance is a difference or disparity between two statements or documents that should agree, especially in criminal procedure. It is a variance that either deprives the defendant of fair notice of the charges or exposes the defendant to the risk of double jeopardy. A fatal variance is grounds for reversing a conviction.
Examples:
- If a charging instrument alleges that the defendant committed a crime on a specific date, but the evidence presented at trial shows that the crime was committed on a different date, it would be a fatal variance.
- If a charging instrument alleges that the defendant committed a crime with a specific weapon, but the evidence presented at trial shows that a different weapon was used, it would be a fatal variance.
These examples illustrate how a fatal variance can occur in criminal cases when there is a difference between the allegations in the charging instrument and the proof presented at trial. Such a variance can be harmful to the defendant's right to a fair trial and can result in a reversal of the conviction.