We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Defense Lawyer?

By R. Kayne
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A defense lawyer is an attorney who represents an accused party in legal matters, including in a court of law. The accused party is known as the defendant. Many defense attorneys start out as prosecutors for the state. The prosecutor is there as an agent of the state, acting in the interest of the victim, but not representing them directly.

Criminal proceedings, where there is a prosecutor, don't have a plaintiff, per se, as the party that brings charges against the defendant is a public agency. If a party is charged with a crime and cannot afford to hire a private defense lawyer, the state will assign an attorney to represent the defendant. Though there are many talented state-appointed defense attorneys, accused parties with means usually hire their own lawyers.

In a criminal proceeding, the job of the defense attorney is to vigorously defend his or her client by using the law to cast doubt on the prosecution’s case. It is up to the prosecutor to convince a jury beyond a reasonable doubt that the defendant is guilty. The defense does not have to prove the innocence of the defendant, as the law dictates that a person is innocent by default until proven guilty, but if evidence exists that can exonerate a client, it is up to the lawyer to bring this evidence out when possible.

While it is incumbent on a defense lawyer to vigorously represent the client, there are limits. A lawyer cannot knowingly place a witness on the stand to perpetuate a lie, nor can he or she knowingly lie to the court. For this reason, in high profile cases, it is not unusual that a lawyer will not want to know if the client is guilty. Without that absolute knowledge, the defense strategy can remain more flexible.

Conversely, depending on the circumstances, it might help an attorney to know the truth in order to strategize a mitigation of punishment by presenting the case in the best possible light, making allowances where there is no plausible denial. This might be the case if there is undisputed truth of guilt. Many of these cases are plea-bargained before they reach court or tried in hopes of getting a lesser sentence for the client, or even acquittal if there are sufficient mitigating circumstances.

In a civil proceeding, the job becomes tougher, because the threshold of guilt is lowered to a 51% preponderance or likelihood that the defendant committed the crime. Often, when defendants are found “not guilty” in criminal trials, the victims pursue civil remedies for financial restitution. Civil courts do not hand down prison sentences.

While a prosecutor can make a respectable salary, a high profile defense lawyer is one of the most lucrative careers in law. Defendants with assets who face possible prison terms are willing to pay the best lawyers to ensure the greatest possible chance of avoiding prison. Cases that go on for months can cost defendants millions of dollars. A high-profile lawyer is also often a celebrity due to the notoriety of his or her cases.

Arguably, the most recognized defense lawyer in the world was the late Johnny Cochran (1937-2005). In 1995, Cochran successfully defended OJ Simpson against the murder of his ex-wife Nicole Brown and her friend, Ronald Goldman. Prior to that, Cochran’s other high-profile cases included the 1993 child molestation settlement of Michael Jackson, and in 1992, the defense of Reginald Denny, a Caucasian truck driver beaten with bricks during the 1992 Los Angeles riots.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By anon346565 — On Aug 29, 2013

Thanks for all the great advice. I'm looking for lawyers and this is really helpful. I know more about what I'm looking for.

By anon270990 — On May 24, 2012

Approximately how many defense attorneys are practicing in the United States currently?

By anon113041 — On Sep 22, 2010

What's the annual salary for a defense lawyer?

By anon111742 — On Sep 17, 2010

How many years to become a defense attorney if you want to specialize in only one thing? Still seven years?

By anon91313 — On Jun 21, 2010

anon56352- if it is self defense, no charges can be filed.

anon29381- all parts of the country need lawyers.

kcc- you need to get your undergraduate degree (four years) and go to law school (three years).

anon12110- it depends on a variety of factors. whether they work for a firm, for themselves, how many cases they work, how long cases last, what kind of cases they work, whether they charge a flat rate or hourly, etc.

By anon56352 — On Dec 14, 2009

What's the charge of a kid killing a man in self defense?

By anon29381 — On Mar 31, 2009

What areas in the country are good for a defense attorney?

By kcc — On Mar 04, 2009

How many years in college in order to become a lawyer?

By anon12640 — On May 11, 2008

Depends on the lawyer, the firm he/she is with and the case. The more work they do, the more they get paid. They charge for their time. Rates vary.

By anon12110 — On Apr 30, 2008

how much does a defense lawyer get paid?

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.