Denver, CO criminal defense attorney Michael Sheehan explains what the prosecution has to prove in a CO criminal case. In a criminal case, he knows that the prosecution must prove every element of the charge beyond a reasonable doubt. That includes proving whether the accused was present at the time and place of the alleged offense, whether he actually committed the act, and whether any affirmative defenses—such as self-defense or consent—might apply. Every single element must be proven by the prosecution, not the defense.