You may have often heard the terms “civil case” and “criminal case”, but you may not realize how different they are. In reality, there is a lot that separates these two branches of law – they handle different wrongs, impose different penalties, and provide different legal rights.
It’s important to understand the difference between civil and criminal cases, as that helps you find out what kind of lawyer you need, and what’s really at stake. At Bendell Law Firm PLLC, we help clients like you deal with both civil disputes and criminal defense matters.
In this article, we will explore what is the difference between civil and criminal cases, why that difference matters, and how we can help you in your personal circumstances.
What Is a Civil Case?
The definition of a civil case is a dispute between private individuals, businesses, or organizations. Most importantly, it is not about crimes. The goal of civil cases isn’t to punish – it’s to resolve a disagreement, enforce rights, or to seek and obtain compensation.
The plaintiff – the private party – sues the defendant in a civil case, and the standard of proof is “preponderance of the evidence” (more likely than not). Examples of civil cases include:
- Contract breaches.
- Personal injury or negligence claims.
- Property and real estate disputes.
- Family law issues, such as custody and divorce.
The potential outcome of a civil case is that the defendant could be found liable rather than guilty, and this could result in monetary damages, injunctions, or specific performance.
What Is a Criminal Case?
Criminal cases are about crimes. More specifically, they are cases brought by the government against an individual, or against an organization, who has been accused of breaking the law.
The goal of a criminal case is to punish the offender and to protect society, to serve as deterrence for future crimes, and to rehabilitate wrongdoers. Often, a government prosecutor (state, federal, or local) files the charges, and the standard of proof is “beyond a reasonable doubt” – much higher than in a civil case. Examples of criminal cases include:
- Theft or burglary.
- Assault or domestic violence.
- DUI or drug possession.
- Fraud or embezzlement.
The potential outcome of a criminal case is a verdict of guilty or not guilty, and the penalties range from fines and probation to jail or prison time.
Key Differences Between Civil and Criminal Cases
- Who brings the case?
- In civil cases, it is the plaintiff (a private party) who files the lawsuit.
- In criminal cases, it is the government that prosecutes on behalf of the public.
- What is the purpose?
- In civil cases, it’s to resolve private disputes and to obtain compensation for the harm suffered.
- In criminal cases, it’s to protect society whilst punishing illegal conduct.
- What is the burden of proof?
- In civil cases, it is “preponderance of the evidence” – over 50% likelihood.
- In criminal – “beyond a reasonable doubt”, which is the highest standard in law.
- What are the rights of the defendant?
- In civil cases, it is due process and fair trial rights, with no constitutional right to an attorney free of charge.
- In criminal cases, the defendant has the right to remain silent (Fifth Amendment), the right to legal counsel (Sixth Amendment), and the right to a jury trial and protection from double jeopardy.
- What are the penalties and remedies?
- In civil cases, these are in the form of monetary compensation, injunctions, specific performance, and there is no incarceration.
- In criminal cases, there is a possibility for loss of liberty (jail or prison time), as well as fines, probation, community service and restitution.
- What is the overlap between the two?
- One incident alone can lead to both case types, for example if a driver is drunk, they may face DUI charges as well as a civil lawsuit for injury damages.
Why the Difference Matters
Understanding the difference between civil and criminal cases is crucial when navigating your legal rights and the potential consequences in your situation. Whereas in civil cases the affected aspects of your life may be finances, contracts, or property, in criminal cases they may be your reputation, record, and ultimately, your freedom.
The court rules, timelines, and procedures differ between the two – which is why early legal representation is essential in protecting your rights and obtaining the best possible outcome.
How Bendell Law Firm PLLC Can Help
At Bendell Law Firm PLLC, we are experienced in both civil litigation and criminal defense. Our seasoned attorneys will provide you with personalized legal advice tailored to your unique circumstances and will help you understand your options.
We are committed to guiding clients through each stage of their cases – from investigation to trial or settlement. If you are unsure of whether your case is a civil or a criminal one, contact Bendell Law Firm PLLC today for a consultation. Knowing the difference will help you make informed legal choices, and with us by your side, your legal rights will be protected in either situation.