Prosecutor Vs Defense Attorney

Both the prosecutor and defense attorney help the jury to determine whether a person is guilty or not. While the prosecutor tries to prove the accused guilty, the defense attorney proves he is not guilty. In the court, their role is prosecutor Vs defense attorney.

Prosecutor and defense attorney both hold a law degree and play opposite roles. The prosecutor tries to prove that the accused is guilty of the offense charged against him. The defense attorney’s main aim is to create doubt to prove the accused is innocent.

If the prosecutor proves the case against the accused, he recommends punishment. On the contrary, the defense attorney tries hard to lighten the sentence. Even though they do the same job, their approach toward the case is very different.

Prosecutor Vs Defense Attorney (Role of Prosecutor and Defense lawyers in court)


  1.  A prosecutor is the one who appears on behalf of a person when he files a case against any company or person. He represents him at the state or federal level.
    However a defense attorney, as the name indicates, is a person who defends the accused. He can be a private law practitioner or appointed by the government. A civil defense attorney appears for a person in a civil case, and a criminal defense attorney appears for an accused in a criminal case.
    Thus, prosecutor vs defense starts with their role. Their job role is to work against each other. One tries to prove that accused has done the crime while the other one tries to prove him innocent. 
  2. A Prosecutor tries to prove that the accused is guilty of the offense. He presents evidence against the accused and convinces the court that the accused has done the crime beyond a reasonable doubt. A defense shows proof to show beyond doubt that the accused is innocent.
  3. A prosecutor is a champion of social justice and wants to protect society against the offenders. He tries to prove the crime they have committed by deterring others from committing the same. He works hard throughout the trial. He is responsible for collecting evidence, bringing a witness who testifies before the court and cross-examining the witness.
    He does comprehensive research about the case and makes a calculative movement to prove the accused is guilty. A defense lawyer helps the accused to prove not guilty. He also protects the accused constitutional rights and decides whether the defendant should take a plea.
  4. A prosecutor is responsible for proving any mitigating circumstance as the accused has mental problems. Instead, it is the duty of the defense attorney to demonstrate that the accused has mental or temporary illnesses that prompted him to commit the crime. He has to conduct complete research on the case to prove the accused is not guilty.
  5. A prosecutor and the defense attorney have to do heavy work as they help in upholding justice. They have to keep up the professional standards of work high. They assist their clients from the beginning to the end of the case, both inside and outside the court. They help their clients to face the trial better.
  6. If we consider the Defense attorney vs prosecutor role, they both get the same salary considering the fact that public sector jobs pay more than private sector jobs.

Frequently Asked Questions:


What is the difference between a counselor and a defense attorney? 

A counselor appears against the accused whereas a defense attorney appears for the accused. It is the duty of the counselor to prove the accused is guilty beyond any shade of doubt whereas a defense attorney proves beyond doubt that the accused has not committed any offense.

Do I need to have a defense attorney always? 

In the case of a criminal case, it is better to represent yourself with the help of a defense lawyer. In civil cases, you can decide whether you want a lawyer or not.

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Defense attorneys and prosecutors do the same job but contradicting roles. If we consider defense lawyer vs prosecutor, defense lawyers are bent upon proving the innocence of the accused. The prosecutors prove the case against the accused and plead for maximum punishment for the accused. His role is to prevent any kind of crime in society.

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