defendant

In one sentence

The person accused of a crime in a criminal case or sued in a civil case.

Plain English

In a criminal case, the defendant is the person charged with committing a crime. They have the right to be informed of the charges against them, to have an attorney, to confront witnesses, and to remain silent. The prosecution must prove guilt beyond a reasonable doubt; the defendant does not have to prove innocence.

Ad slot

Example

When John is arrested and charged with theft, he becomes the defendant in the criminal case. The state (represented by a prosecutor) brings charges against him, and he has the right to defend himself in court.

Used in a sentence

“The defendant pleaded not guilty to the charges and requested a jury trial.”

Related terms

Arrest

The act of taking someone into police custody based on probable cause.

Plea Bargain

A negotiated agreement where a defendant pleads guilty in exchange for reduced charges or sentencing.

Jury

A group of citizens sworn to hear evidence and decide whether a defendant is guilty or liable.

Warrant

A guarantee or promise that something is true or will work as stated.

competency hearing

A court proceeding to determine whether a defendant can understand trial and assist in their own defense.

Double Jeopardy

Being prosecuted or punished twice for the same crime, which the Fifth Amendment forbids.

Stand Your Ground

A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.

Castle Doctrine

A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.