“Guilty” vs “No Contest” – What’s the difference?

The terms “guilty plea” and a “no contest plea” are often used interchangeably. But each can have different implications if you plead to a criminal charge.

1. Pleading guilty means you admit that you committed the crime.
2. Pleading no contest (“nolo contendere”) means accepting the conviction but avoiding a factual admission of guilt.

“Not guilty” is the third type of plea within the U.S. criminal court system. When you enter a plea of not guilty, you inform the court that you are innocent of the criminal offense charged. The state, then, has the burden to prove that you are guilty of the offense during a criminal trial. The burden of proof is “beyond a reasonable doubt.”

You typically enter a plea during your arraignment.

What is a guilty plea in a criminal proceeding?

When you plead guilty, you tell the court you committed the charged offense.¹

A judge must hear this plea in court so that it becomes part of the court record. You essentially testify under oath that you understand the crime charged and acknowledge that you are guilty of committing it.

Requirements for pleading guilty

In addition, you must prove to the judge that you:

• are entering the plea “knowingly and intelligently,” and
• understand that you are giving up certain rights by entering a guilty plea.

To accomplish these ends, a judge typically asks you if you understand:

• the nature of the crime, or crimes, being charged,
• that a guilty plea means you acknowledge that you committed the crime(s) charged,
• the consequences of the plea (including the possible sentences that may result), and
• the rights that you are waiving because of the plea.

Waiver of rights by pleading guilty

Note that by pleading guilty, you waive your right to:

• counsel,
• a jury trial,
• not incriminate yourself, and
• confront and cross-examine the accuser.

In sum…

Once you acknowledge the above, the judge typically approves the plea and determines it is fair.²

Once approved, the case proceeds to the sentencing phase of the criminal court process. No jury trial is held.

Note that in some cases, innocent parties plead guilty to certain crimes in order to:

• secure a favorable sentence, and/or
• gain the benefit of being charged with a lesser offense.

What is a no contest plea?

A no contest plea is similar to a guilty plea. When you plead no contest, you technically admit that you are guilty of the crime being charged. And you face the same jail or prison sentence that you would if you pleaded guilty. ³

Requirements for pleading no contest

As with a guilty plea, a judge in a no contest case (in most jurisdictions) must:

1. ensure that you completely understand the nature and consequences of the plea,
2. inform you that a no contest plea will be considered the same as a guilty plea, and
3. ensure that you are entering the plea knowingly and voluntarily (as opposed to being coerced or misled into doing so).⁴

A judge must also inform you that by pleading no contest, you are waiving the same rights listed above.

How pleas affect civil court cases

The main difference between a no contest plea and a guilty plea involves civil court proceedings.

When you plead no contest in a misdemeanor case, that plea cannot be used against you as an admission of guilt if a civil lawsuit arises from the same conduct on which the criminal prosecution was based. So if the victim in a criminal case sues you, they would need to prove your liability by a preponderance of the evidence without using your earlier “no contest” plea as evidence.

However, in felony cases in most jurisdictions, a no contest plea has the exact same effect as a guilty plea and can be used as an admission of guilt in any other legal proceeding, including civil cases.

No contest is not always a choice

Note that you do not always have the option of pleading no contest instead of pleading guilty. Sometimes prosecutors insist that you plead guilty as part of a plea bargain. And judges do not always have to accept no contest pleas.

No contest pleas still result in a conviction.

What is a plea of not guilty?

A “not guilty” plea is a third type of plea in criminal court cases. By pleading not guilty, you essentially tell the court that you did not commit the crime being charged.

Once you enter a not guilty plea, the state takes on the burden of proving that you did in fact commit the offense charged “beyond all reasonable doubt.”⁵

The state attempts to accomplish this at a criminal jury trial. This is when the prosecution admits evidence in attempt to prove all the elements of the crime.

Going to trial

Of all three types of pleas discussed, a not guilty plea is the only one that will bring about a trial.

Note that you can always change a not guilty plea to:

• “guilty,” or
• “no contest” (if the judge allows it)

Note that when you plead not guilty, your criminal defense attorney prepares the case for trial. This might require the defense lawyer to:

• find witnesses, including expert witnesses,
• file motions with the court, and
• examine evidence.

What is the law in California?

California’s laws on pleas and plea deals typically follow the rules outlined above. California Penal Code 1016 PC is the primary state statute that authorizes you to enter a plea of:

• guilty,
• nolo contendere, or
• not guilty.

With pleas of guilty and no contest, you typically acknowledge that your plea means you are waiving certain constitutional rights in forms called Tahl waivers.⁶

Note that if you decide to plead guilty or no contest in a criminal case, you may be able later to withdraw that plea under California Penal Code 1018 PC. Note too that, in addition to the pleas mentioned above, California law allows you to plead “not guilty by reason of insanity

The language of Penal Code 1016 states that:

1016. There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction:

1. Guilty.

2. Not guilty.

3. Nolo contendere, subject to the approval of the court. The court shall ascertain whether the defendant completely understands that a plea of nolo contendere shall be considered the same as a plea of guilty and that, upon a plea of nolo contendere, the court shall find the defendant guilty. The legal effect of such a plea, to a crime punishable as a felony, shall be the same as that of a plea of guilty for all purposes. In cases other than those punishable as felonies, the plea and any admissions required by the court during any inquiry it makes as to the voluntariness of, and factual basis for, the plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based.

4. A former judgment of conviction or acquittal of the offense charged.

5. Once in jeopardy.

6. Not guilty by reason of insanity.

A defendant who does not plead guilty may enter one or more of the other pleas. A defendant who does not plead not guilty by reason of insanity shall be conclusively presumed to have been sane at the time of the commission of the offense charged; provided, that the court may for good cause shown allow a change of plea at any time before the commencement of the trial. A defendant who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the offense charged.

Legal References:

1. Black’s Law Dictionary, sixth edition.
2. United States v. Jackson, 390 U.S. Supreme Court 570 (1968).
3. Black’s Law Dictionary, sixth edition.
4. See, for example: California Penal Code 1016 PC; Wis. Stat. § 345.36; MRCrP 15.3; 9-405 NMRA.
5. In re Winship (1970) 397 U.S. 358.
6. In Re Tahl (1969) 1 Cal.3d 122.