Court Process, Plea & Trial

Does a criminal verdict have to be unanimous?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Yes. A guilty verdict in Florida must be unanimous.

Yes. A jury's verdict on guilt must be unanimous — every juror must agree.

That means in a six-person jury, one juror who isn't persuaded prevents a conviction. The result is a hung jury rather than an acquittal, which is a different outcome, addressed below.

Why this matters for how a defense is presented. The objective isn't necessarily to persuade everyone. Reasonable doubt held by a single juror is sufficient to prevent a guilty verdict, which affects how arguments are structured — a point that resonates strongly with one juror can be worth more than a point that mildly persuades all six.

The unanimity requirement applies to the guilt determination. Sentencing procedures in capital cases operate under a separate framework that has been amended in recent years.

Jurors are instructed on unanimity, and the verdict form reflects it.

One juror is enough. That shapes how a defense gets built. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.