Legal Definitions - defendant

A defendant is the individual or entity against whom a legal action is initiated in a court of law. This term applies in both criminal and civil proceedings.

• In a criminal case, the defendant is the person formally accused by the government of committing a crime, such as theft, assault, or fraud.
• In a civil case, the defendant is the person, company, or organization being sued by another party (known as the plaintiff) for alleged harm, breach of contract, or other legal wrongdoing.

Here are some examples illustrating the role of a defendant:

• Example 1 (Criminal Case): Imagine a person named Mark is arrested and charged by the state prosecutor with grand larceny after surveillance footage allegedly shows him stealing valuable items from a department store. In this scenario, Mark is the defendant because he is the individual against whom the criminal charges have been brought by the state.

• Example 2 (Civil Case - Individual): Sarah is driving her car and accidentally rear-ends another vehicle, causing significant damage and minor injuries to the other driver, David. David decides to sue Sarah to recover the costs of his car repairs and medical bills. In this civil lawsuit, Sarah is the defendant because she is the person being sued by David for the damages he claims to have suffered.

• Example 3 (Civil Case - Entity): A small business, "Green Gardens Landscaping," installs a new irrigation system for a client, Mrs. Chen. A few months later, the system malfunctions, flooding Mrs. Chen's basement and causing extensive water damage. Mrs. Chen sues Green Gardens Landscaping for negligence and the cost of repairs. Here, "Green Gardens Landscaping" is the defendant because it is the company against whom Mrs. Chen has filed a civil lawsuit.