Legal Definitions - immaterial variance

Definition: Immaterial variance refers to a slight difference or disparity between two statements or documents that does not mislead or prejudice the defendant and is considered harmless error. In criminal procedure, it is a difference between the allegations in a charging instrument and the proof introduced at trial.

Example: If a charging instrument alleges that the defendant stole $10,000, but the evidence presented at trial shows that the defendant stole $9,500, it is considered an immaterial variance because the difference is too slight to mislead or prejudice the defendant.

Another example of immaterial variance is when a zoning law grants a license or official authorization to depart from its requirements. For instance, an area variance permits deviation from zoning requirements about construction and placement, but not from requirements about use. A use variance, on the other hand, permits deviation from zoning requirements about use.

Explanation: The examples illustrate that immaterial variance is a slight difference that does not affect the outcome of a case or harm the defendant's rights. In the first example, the difference between the alleged and proven amount of theft is too small to make a significant difference in the defendant's guilt or innocence. In the second example, the zoning law grants a license to deviate from its requirements, which is not considered a violation as long as it is within the limits of the granted license.