Civil cases deal with disputes between two parties, the goal of which is to pay compensation or come to an agreement. Whereas criminal cases are brought by the government against wrongdoers with the intention of punishing them. These cases are brought by the police or other government agencies.
Depending on the charges, your options can change, which is why you should know the difference between a criminal defendant and a civil defendant. Legal counsel is not an option in such situations, as you may not be properly equipped to defend yourself on your own. Let’s go into detail about the differences between civil and criminal cases.
Civil Cases vs. Criminal Cases
Crimes
Civil cases include issues concerning property disputes, family law, and employment contracts. Examples include car accidents, divorce, child custody, and trespassing. Whereas criminal cases can involve violent crimes, drug crimes, and so on. This includes murder, assault, DUI, vandalism, and the sale of drugs.
Who Brings the Charges?
Civil cases involve two parties, the plaintiff, who brings the case, and the defendant, who is being charged with something. Lawyers can represent both sides, whereas with criminal cases, the charges are brought by the government and only prosecutors can represent it.
Punishments
Civil cases result in fines, whereas criminal cases can lead to extended jail time, a criminal record, and even a death sentence. Crimes are typically categorized into felonies, misdemeanors, or infractions. Infractions are the least serious of the three, with felonies being the most serious. Punishments also change accordingly, with the fines, jail terms, and other consequences increasing from infractions to misdemeanors to felonies.
Proving charges
In civil cases, the plaintiff brings a complaint, and the burden of proof falls on them. In a criminal case, the burden of proof falls on the prosecutor, and they have to prove that the defendant is guilty “beyond reasonable doubt”. This places a higher standard on the prosecution compared to civil cases.
Procedure
In civil cases, a complaint is filed in court, followed by a discovery phase, where both sides go over the evidence and facts of the case. Next comes the settlement, where both parties reach an agreement, or the case is taken to trial. With a criminal case, there are several stages to the process, starting with pre-trial proceedings, where a judge informs the defendant of the charges and gives them options to proceed with.
If a defendant cannot afford a lawyer, the state must provide one free of charge. This is followed by the trial, where the facts of the case are deliberated, and finally, a verdict is reached by the judge and jury. With criminal cases, the defendant’s constitutional rights, like the right to remain silent and the right to a fair trial, come into play.
Tips for Defendants
There are several things that defendants can do to help their case progress smoothly, whether it is a civil or criminal case, including:
- Hire a good lawyer to represent you.
- Always stay respectful in court.
- Do not post about your case on social media.
- Don’t agree to anything without your lawyer present.
- Make sure you understand the charges against you.
- Be honest with your lawyer so that they can defend you well.
- Document any evidence related to the case properly. Whether this includes medical bills, security camera footage, or other documents that can help you defend yourself.
Conclusion
Civil and criminal cases have their own rules and processes, and it’s crucial to hire a lawyer to understand what you’re being charged with. Especially in criminal proceedings, where the consequences can be much more severe, it’s important to have a lawyer representing you. While civil cases deal with disputes, criminal cases deal with crimes like murder and assault and are brought by the government. Knowing where you stand is the first step to defending yourself.
