defendant

defendant — noun

1. the person, company, or organization that a criminal charge or civil lawsuit is

1.nounB2
Definition

the person, company, or organization that a criminal charge or civil lawsuit is formally brought against before a judge, and who must respond to the accusation or claim.

Example

Antonia stood nervously in court as the defendant, facing charges of business fraud.

criminal context: facing charges of fraud

The defendant's testimony about the night of the incident did not match the security footage.

Common collocations
  • the defendant + verb: testify, plead guilty / not guilty, appear in court, face charges, appeal the decision
  • verb + defendant: represent (the defendant), cross-examine (the defendant), convict (the defendant), acquit (the defendant)
  • preposition: the defendant in a criminal case / civil lawsuit / fraud trial
Synonyms
  • accused

    used primarily in criminal cases, often before or during trial; less common in civil lawsuits

  • respondent

    used in some civil proceedings, particularly appeals, family law, and administrative tribunals

  • appellee

    the party against whom an appeal is brought; narrower and limited to appellate courts

Antonyms
  • plaintiff

    the party who initiates a civil lawsuit against the defendant

  • claimant

    the party making a civil claim in some legal systems; equivalent to plaintiff

  • prosecution

    the state or government body that brings criminal charges against the defendant

Grammar Patterns

defendant + in + [type of case]

the defendant + verb (testify, plead, appeal)

Usage Note

Distinct from 'the accused', which in some legal systems refers only to a person formally charged with a crime, whereas 'defendant' covers the entire legal process and also applies to civil cases. The party who brings a civil case is the 'plaintiff' (or 'claimant' in some jurisdictions); in a criminal case, the government brings the charge as the 'prosecution'.

Common Mistakes

The plaintiff was found guilty of theft.
The defendant was found guilty of theft.
The plaintiff is the person who brings a case to court, not the person accused of a crime.
She was the defendant in the divorce case.
She was the respondent in the divorce proceedings.
In many legal systems, family-law cases use 'respondent' instead of 'defendant'.

defendant — adjective

Word family

Synonym discussion

Sense: noun/1

All four terms refer to someone facing a legal allegation, but they differ by stage and type of proceeding. 'Defendant' is the broadest formal legal term, covering both criminal and civil cases from filing through verdict. 'Accused' is more specific to criminal law and is used once a charge has been made; in British English, 'the accused' is the standard courtroom term during a criminal trial. 'Respondent' belongs to civil proceedings, particularly appeals (where the other side is the appellant) and family law (divorce, custody). 'Suspect' is a police and pre-charge term for someone believed to have committed a crime but not yet formally charged or brought to court. In practice: police investigate a 'suspect', prosecutors charge 'the accused', and the person becomes 'the defendant' in court; family-law cases use 'the respondent', never 'the accused'.

defendant ↗accused ↗respondent ↗suspect ↗

Common collocations

Nouns

Phrases

  • on the part of the defendant
  • in favor of the defendant

Prepositions

  • against (the defendant)
  • on behalf of (the defendant)

Etymology

LatinOld FrenchEnglish

The word 'defendant' entered English from Old French 'defendant' (meaning 'defending'), which came from Latin 'defendere' ('to ward off, protect, defend'). The legal sense — a person who must defend themselves against a legal claim — dates back to the 14th century and reflects the core idea that the defendant is the party called upon to answer or 'defend against' the charges or claims brought by the other side.