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Home Lifestyle

What is the Difference Between a Defense Attorney and a Prosecuting Attorney?

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March 16, 2022
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What is the Difference Between a Defense Attorney and a Prosecuting Attorney?
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Are you considering pursuing a career in law? If your answer is yes, then there’s a high probability you might be confused over the numerous choices you have to make, from what area to specialize in, where to take your bar exams, and whether to work in a private law firm. So, if you are torn between choosing a career as a Lane, Hupp, & Crowley best defense attorney and prosecuting attorney, here are several differences that will make your decision much more manageable.

Job Role

A prosecuting attorney’s job is to prosecute an individual charged with committing a crime. For a prosecutor’s job to be fully achieved, they must gather evidence of the crime and decide whether sufficient evidence is to prove a person committed a crime.

They also have to persuade the jury that the suspect is guilty based on their evidence. On the other hand, a defense attorney does the opposite. They will investigate the criminal case on behalf of the suspect.

They also advise defendants on how to plead, and whenever necessary, they represent defendants at the trial to help them get acquitted.

Legal Education

Both prosecuting attorneys and defense lawyers must have a law degree before becoming a lawyer. Once you complete your undergraduate degree, there are three more years of law school to complete. In law school, you will cover all the different aspects of the law. 

But, once you pass the bar exams and become a licensed lawyer, you can decide whether you want to specialize as a defense attorney or a prosecutor.

Clients

Another significant difference between a prosecutor and a defense attorney is that prosecutors don’t have clients. They are government employees, and their job is to review arrest records and decide whether they should press charges or drop the case.

But if your case goes to trial, the prosecutor is responsible for proving that the defendant is guilty. They can also recommend a sentence; however, the final decision of the ruling lies with the jury or judge.

On the other hand, defense lawyers have clients and represent them in court or during negotiations. They can either work in the private sector or the government.

Whether a defense attorney works for the government or a private firm, they will always defend the accused. 

Salary Comparison

The average wage of all lawyers today is around $118,160 per year. However, the salary is relatively low for prosecutors compared to a defense lawyer. But, it is essential to note that the salary you earn will depend on your experience and job title.

So, if you choose to become a prosecutor, you have to know that you will have a lower salary than a defense lawyer working for a private firm.

Industry Sector

A prosecuting lawyer only works on criminal cases, while a defense attorney can work on civil or criminal cases. But on rare occasions, a defense attorney can work on criminal and civil cases. Every defendant has a right to hire a defense attorney for their case. But, if you can’t afford one, the government will step in to help.

Now that you know the difference between a defense attorney and a prosecutor, how do you choose the right defense attorney for your case?

Level of Experience

Being accused of any crime isn’t something you should take lightly. And as such, you need to ensure that the defense attorney you hire to provide you with legal counsel in and out of court is someone who understands the law. Therefore, go for an attorney with several years of experience.

Also, look at the lawyer’s success rate, as experience without success will have a significant impact on your case as well.

Local Connections

As a defendant, it’s crucial to have a lawyer with established relationships, as it can be pretty helpful for your case. Go for an attorney with first-hand experience with prosecutors and judges. Such a lawyer will know how to handle plea bargains and what not to consider.

Remember, fighting a criminal charge isn’t something you leave to chance, as the case’s outcome can potentially change your life in a colossal way. By hiring a defense attorney and clearly understanding what a prosecutor does, you increase your chances of getting a favorable outcome.

Also, with a defense attorney by your side, you get to know how to navigate every hurdle thrown your way. You also get help avoiding things that can land you in trouble further.

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