A Simple Breakdown: How Criminal Cases Differ From Civil Cases

The legal system can be intimidating.

Few will argue that point. Many hear the phrases “criminal case” and “civil case” and assume they operate the same way. Think again. Criminal and civil cases differ in fundamental ways, from who files them to what you can do if you lose.

Here’s a breakdown of…

Exactly how criminal cases differ from civil cases and why you should care. Whether you’re in need of criminal defense services or just love to learn legal trivia, this article is for you!

Table of Contents

What You’ll Learn:

Criminal Cases vs Civil Cases
Who Files The Case?
Burdens Of Proof Explained
Penalties & Cost
Ending Thoughts

Why Criminal Cases And Civil Cases Are Different

At the most basic level, criminal cases involve wrongs against society.

That means crimes like theft, assault, burglary, murder, drug charges and so on. When these crimes are committed, the government prosecutes. A state attorney or federal prosecutor will file criminal charges against the accused person, on behalf of “the people”.

Civil cases involve individuals or corporations.

Typically this involves one person suing another, like in a contract or injury dispute. Sometimes it’ll be businesses suing each other. Whoever brings the lawsuit is called the plaintiff. The defendant is who the lawsuit is against.

The biggest difference between them?

In a criminal case, you can lose your freedom by serving time in jail or prison. In civil cases, that’s not a possible penalty. If you’re facing criminal charges, you NEED to contact a criminal defense attorney right now. You should not face criminal charges without competent criminal defense services on your side.

Who Files Criminal Cases vs Civil Cases?

If you guessed the government…

You’d be right about criminal cases. In a criminal matter, only the government can file charges. A lawyer who works for the state or federal government (known as a prosecutor) will file criminal charges on behalf of the government.

But with civil lawsuits, it’s completely different.

If you got injured because someone was negligent, you can file a civil lawsuit. The government plays no role. If a business contracted your services and didn’t pay you, you can file a civil suit. As the injured party, you have control of the situation.

Fun fact most people don’t know:

The same incident can spawn both criminal and civil cases. Say someone causes a car accident while driving drunk. The state could file criminal charges against them AND the victim could sue them civilly. Two separate cases that will take place in different courts.

The Burden Of Proof Difference Explained

Want to know the most important difference?

It’s the burden of proof required to win. Criminal cases require proof “beyond a reasonable doubt”. This is the highest burden of proof in the legal system. For prosecutors, they must prove YOU committed the crime to a near absolute certainty. Any reasonable doubt and you will walk free.

In civil cases, they only need to prove it’s “more likely than not” you’re responsible.

Confused? Here’s an example. If the evidence shows a 51% chance it was the defendant who caused injury, that’s enough to prevail in a civil case. But it WOULDN’T be enough to find someone guilty of a crime.

Think that doesn’t matter? Think again.

It’s the reason you can be found “not guilty” in criminal court but lose a civil lawsuit for the same incident. The infamous O.J Simpson case is perhaps the most well-known example of this.

Sentencing

Last but not least, here are the punishments.

Criminal charges can result in:

Prison/jail
Probation
Monetary fines (payable to the government)
Community service
Criminal record

Successful civil claims will typically result in:

Money awarded to the plaintiff
Injunctions
Specific performance

Notice something missing from the civil list?

Jail time. If you lose a civil lawsuit, the worst possible “sentence” is that you’ll owe money or be forced to do certain things. The civil justice system cannot take away your freedom.

Criminal cases can put your freedom on the line. According to statistics, 91% of federal sentences handed down in 2024 involved incarceration. Nine out of ten people convicted had to serve time.

Trial Rights Can Vary

Did you know criminal defendants have more rights?

Defendants in criminal cases are afforded certain protections under the Sixth Amendment to the U.S. Constitution. These rights include:

Speedy trial
Public trial
Attorney rights
Right to confront witnesses
Right to a jury trial

While people accused of civil wrongdoing have many protections under the law, they aren’t afforded the same constitutional rights. For example, there is no right to an attorney if you can’t afford one in civil matters.

What’s the point of these last two sections?

Criminal cases are serious and can change your life. The penalties are stiff because a lot is at stake. If you’re facing criminal charges, you need to know your rights and exercise them properly. You NEED criminal defense services on your side.

Alright, now that all the important differences have been covered…

Why should you care?

If you’re in need of criminal defense, you don’t have time to read this article. You need to call a criminal lawyer immediately to discuss your case. Defense counsel will evaluate your case and propose a game plan going forward. Do it now.

For everyone else, hopefully you found something valuable in this article. Don’t hesitate to reach out with any questions or topics you’d like to read about in the future. Now… time to wrap things up!

Civil Versus Criminal Cases: Final Thoughts

Criminal cases and civil cases were designed to fulfill two separate functions.

Protect society by punishing people who break its laws. Civil cases exist to resolve private disputes between parties. The government files criminal charges. Private citizens file civil lawsuits. Criminal cases require stronger proof. You can lose your freedom in criminal court.

So what’s the most important takeaway from this article? Hopefully it’s this:

If you’re facing criminal charges, you need a criminal defense lawyer. Period. The state has vast resources at its disposal to prove you did something wrong. You need someone on your side looking out for your best interests and protecting your freedoms. A qualified criminal attorney will do just that.

Upshot? Don’t go unarmed into a fight you didn’t start.

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