Civil vs. Criminal Cases: What’s The Difference?

Civil laws govern disputes between private parties. A civil case is one in which an individual or entity (such as a corporation) uses the court system to pursue a legal remedy. Common types of civil cases include:

• Personal injury claims
• Contract disputes
• Family law cases such as divorce

If you need the court to step in and take action to protect your legal rights or address a breach of someone else’s legal obligations, you initiate a civil case by filing the appropriate documents with a civil court.

Criminal law relates to wrongs committed against the public. If a state or federal government prohibits a certain type of behavior and the laws prohibiting that misconduct are violated, an agent of the state (such as a prosecutor or a district attorney) will take legal action against the violator.

Both the federal government and individual states have their own bodies of law defining what types of behaviors constitute a crime. Many different kinds of wrongdoing could result in criminal charges including but not limited to:

• Drug crimes
• Impaired driving
• Sexual offenses
• Assault and battery
• Weapons-related offenses
• Fraud
• Larceny
• Burglary

Crimes are usually divided into two broad categories: misdemeanors, which are less serious offenses that can result in under a year of jail time, and felonies that are more serious and can result in harsher consequences including a year or more of incarceration, life imprisonment or even the death penalty.

There are some important differences between civil vs. criminal law that you need to understand. Here’s what they are.

Parties to a Civil vs. Criminal Case

In a typical civil case, a plaintiff files a lawsuit against a defendant. A plaintiff could be:

• An individual
• A corporation or non-profit
• The U.S. government (for example, the government has sued banks for financial fraud and companies for pollution)

When a plaintiff sues in a civil case, the goal is typically for the court to find that a defendant violated a duty to the plaintiff and for the court to determine an appropriate remedy.

In the case of a family law claim, the goal is to determine the rights and obligations of each party to the case. One person—a plaintiff or petitioner—initiates legal proceedings to resolve issues such as paternity of a child, child support or property division in a divorce. The other party who is served with papers informing them of court proceedings is called the defendant and must respond to the plaintiff’s claims.

In many criminal cases, things work differently. Private individuals cannot initiate a criminal case, although they can work with a prosecutor to do so. But, ultimately, an agent of the state such as a prosecutor or the district attorney must bring charges.

In some criminal cases, there is a victim who was wronged. For example, in a kidnapping or murder case, someone has been victimized. But that is not true in all situations. The state will prosecute someone who drives drunk even if no one is directly harmed by the intoxicated driver because the drunk driver is a danger to the public.

A prosecutor can also bring charges without the cooperation of a victim if there is sufficient evidence. For example, someone could be charged with statutory rape and prosecuted even if the person who was the victim of the underaged sexual acts does not cooperate with prosecutors and does not wish to press charges.

Burden of Proof in a Civil vs. Criminal Case

Another major difference between a civil vs. criminal case is the burden of proof.

In a criminal case, a prosecutor must prove guilt beyond a reasonable doubt. In a civil case, a lesser burden of proof applies. The plaintiff must typically prove their claims by a preponderance of the evidence. This means that more likely than not, the plaintiff’s version of the facts is accurate, the defendant did violate the plaintiff’s rights and the court should impose an appropriate remedy.

Penalties in a Civil vs. Criminal Case

The potential penalties are perhaps the biggest difference between a civil and criminal case.

In a criminal case, penalties could include fines, required community service and required drug and alcohol counseling. The penalties could also include incarceration or even the death penalty. A person can lose their freedom or even their life for violating the criminal laws established by the state and federal government.

In civil cases, jail time and the death penalty are never potential consequences. Usually, the remedies are monetary in a civil case. A defendant could be ordered to compensate a plaintiff for the losses the defendant caused by failing to live up to their legal obligations to the plaintiff.

In some cases, the court could order a defendant to take a particular action as a remedy in a civil case, such as following through on the promises made in a breached contract. But, the penalties are much more limited in civil claims when a defendant has violated the rights of the plaintiff rather than wronged society.

There is a substantial amount of overlap between actions that can lead to a civil vs. a criminal case. For example, if a person drives drunk and causes a car accident that kills someone, the drunk driver could be charged with impaired driving and vehicular manslaughter in a criminal case and could be sued by the victim’s estate in a civil case.

When both a civil and criminal case are brought, the outcome of one case will not necessarily impact the other due to the different standards of proof. Perhaps the most famous example of this is OJ Simpson, who was found not guilty in criminal court of killing his ex-wife Nicole Brown Simpson and her friend Ronald Goldman. He was subsequently sued in a civil claim for wrongful death. He was found liable and had to pay damages.

Civil law and criminal law are two different fields of law and it is important you have an attorney who is skilled in the type of legal case you are involved in. This means if you have been charged with a crime, you should work with a criminal lawyer. And if you have been sued or wish to sue someone to pursue a civil remedy, you should have a lawyer experienced in civil court cases.

Finding the right attorney can help you work within the criminal and civil justice systems to protect your rights and help you get the best possible outcomes in your specific case.