Legal Definitions - fatal variance

A fatal variance occurs in a legal case when there is a significant and prejudicial difference between the facts or charges formally alleged in a legal document (such as an indictment, complaint, or pleading) and the evidence actually presented and proven in court. This discrepancy is so substantial that it fundamentally misleads the opposing party, prevents them from adequately preparing a defense, or changes the core nature of the accusation or claim.

If a court finds a fatal variance, it can lead to serious consequences, such as the dismissal of charges, a reversal of a conviction, or the invalidation of a civil judgment, because the proceedings were not fair or did not properly inform the party of the case against them.

• Example 1 (Criminal Law - Identity of Victim):

  Imagine a defendant is indicted for assaulting "John Smith" on a specific date. During the trial, the prosecution presents overwhelming evidence that the defendant assaulted "David Jones" on that same date, but no evidence is presented regarding an assault on John Smith. The defense had prepared its case to prove the defendant was not present at the scene of an alleged assault on John Smith.

  How it illustrates the term: This would likely be a fatal variance. The indictment specifically named "John Smith" as the victim, which is a crucial detail for the defendant to prepare a defense. Proving an assault on a completely different person, "David Jones," fundamentally changes the accusation and prejudices the defendant, who was not given proper notice or opportunity to defend against a charge involving David Jones.

• Example 2 (Civil Law - Basis of Claim):

  A plaintiff files a lawsuit against a construction company, alleging that the company breached a contract by failing to complete the roofing work on their new home. The complaint specifically details the roofing issues. However, during the trial, the plaintiff's evidence and arguments focus entirely on faulty electrical wiring installed by the construction company, which was not mentioned in the original complaint.

  How it illustrates the term: This scenario presents a fatal variance. The construction company prepared its defense specifically to address the alleged breach regarding roofing work. Introducing evidence and arguing about faulty electrical wiring, which was not part of the formal complaint, would unfairly surprise the company and prevent it from adequately defending against this new, unpleaded claim. The core basis of the claim has shifted without proper notice.

• Example 3 (Criminal Law - Type of Weapon):

  A defendant is charged with armed robbery, with the indictment specifically stating that the robbery was committed using a "firearm." At trial, the prosecution's evidence proves that the robbery occurred, but all witnesses and forensic evidence indicate the robber used a "knife," not a firearm. The defense strategy revolved around challenging the presence or use of a firearm.

  How it illustrates the term: This could be considered a fatal variance. While the core crime of robbery remains, the specific type of weapon alleged ("firearm") is a critical element that often elevates the severity of the charge and impacts sentencing. If the defense prepared to challenge the firearm element, and the evidence proves a different weapon was used, it could be argued that the defendant was prejudiced because they were not properly informed of the specific nature of the armed robbery they needed to defend against.