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.

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.