What Is the Difference Between a Civil Litigation Case and Criminal Case?
Understanding the difference between a civil litigation lawsuit and a criminal case is essential to making informed decisions about how to proceed after being charged with a crime or when filing a lawsuit. While they may seem similar at first glance, the two cases are actually quite different in how they’re handled.
A Civil Case is Quite Different from a Criminal Case
A civil litigation case and criminal case each have their own special considerations when reviewing the legal options. You’ll need to work with an attorney who has experience in representing litigants in civil cases as well as defending individuals in criminal investigations. To understand the dynamics of each case, you’ll need to define them first.
What is a Criminal Case?
A criminal case is a case brought by the government against an individual alleging they’ve committed a crime. Criminal cases are different from civil cases in that the government is prosecuting a person.
In a civil case, two private parties are disputing a case. If you are charged with a crime, you are facing jail time, fines, or both. The specific charges you’re up against will determine what sort of penalties you might have to face.
In addition to criminal charges, you might also face civil charges for the same alleged criminal offense. For anyone who is not familiar with criminal or civil proceedings, this may get confusing.
While it’s true that both sides in each case are in conflict, that is where the similarity ends. There’s still a lot of variation in the terms of the charges and the penalties.
What is a Civil Case?
A civil case is a dispute between two or more parties over specific personal or business rights. In most cases, money is awarded as a settlement. Civil cases cover everything from breach of contract to bodily injury to wrongful death
When you are dealing with a civil litigation case, the government is not involved. Basically, civil cases are cases in which two private parties are disputing a legal matter.
Therefore, one of the main differences between a civil case and a criminal case is that the state is not involved in a civil matter. Thus, the punishments are not as severe as those in a criminal case and typically are monetary in nature.
Civil and Criminal Cases Fall Under Different Legal Standards and Codes
Criminal and civil cases fall under different jurisdictions and are governed by different legal codes. Criminal courts and civil court matters then come with different standards. In a criminal court, a defendant is either found guilty (beyond a reasonable doubt) or acquitted of a crime.
On the other hand, a plaintiff brings a lawsuit in a civil court against a defendant. In this case, the burden of proof rests on the plaintiff. They must show that the defendant was, in all likelihood, responsible for the complaint. If the defendant is held responsible, they are found liable rather than guilty.
Civil Cases Are Based on Tort Law
Civil cases are based on a legal theory known as torts. Torts are designed to protect the public from injury. If an injured party in a civil matter or tort case wins or proves negligence, they are awarded a sum of money.
For instance, if you are hit by a car and suffer injuries in California, you can receive damages for medical costs, lost wages, and pain and suffering. As long as you can prove the other driver is at fault, you’ll receive a settlement.
The driver and/or their insurance company are therefore responsible for paying you.
If payment is made in a criminal case, restitution is awarded to a victim. Criminal restitution is money paid to a victim to cover any losses they may have incurred as a result of the criminal act. The perpetrator is punished by being sentenced to prison or jail time as well. The court does not consider the defendant’s inability or ability to pay restitution when imposing the sentence.
Civil vs. Criminal Sentencing
One of the biggest differences between civil and criminal cases is the severity of the punishments. Again, the punishments for civil charges are generally monetary in nature. If you lose a civil lawsuit, you will likely be ordered to pay damages to the winning party.
The punishments for criminal charges, on the other hand, are generally much more severe. Criminal punishments can include jail time, fines, and other forms of punishment, such as community services or house arrest.
Again, criminal charges are pursued by the state, and the individual charged with a crime is often given the option of pleading guilty or not guilty. If a person pleads guilty, they are convicted and sentenced for the crime, or they may receive a reduced sentence through a plea bargain arrangement. If a person pleads not guilty, the case usually goes to trial.
A Criminal Case vs Civil Case: A Quick Overview
Criminal and civil cases are very different from one another. While many people mistakenly think that they are similar, the reality is that they are very different in terms of what is at stake, how they are brought, the penalties involved, and how they are resolved.
The main difference between these two cases is that the government is involved in criminal cases while private parties dispute matters in civil cases. If you are facing criminal charges, it is critical to understand the differences between civil and criminal law to ensure you know what you’re up against.
Contact an Experienced Civil Litigation Lawyer and Criminal Defense Attorney Today
Whether you’re facing a civil litigation matter or you need advice on a criminal case, contact a legal professional who understands the steps in filing both types of cases. Call Jance M. Weberman at (213) 386-9100 today to schedule an appointment and consultation.