The American legal system has two bodies of law that are responsible for the punishment of the offender and compensation of the victim. Criminal law applies to those who are considered to have offended the society, public, or state. On the other hand, civil law applies to those who have wronged an individual or private party. In criminal cases, the government is the body that initiates the case. If you are facing a civil lawsuit, that means a private party filed a suit against you. Aside from these significant differences, there are other categories where civil and criminal lawsuits vary.

4 Distinctions Between Civil & Criminal Lawsuits

1. Punishments

Most civil lawsuits conclude with an order to pay monetary damages. A court may also employ the remedy of injunction, or a court order that tells a person to do or refrain from doing something. An example would be an order to pay child support and an order to stop harassment. Punishments for criminal cases are more severe, as they can involve jail time as well as fines.

2. Burden of Proof

Under criminal law, a defendant must be proven guilty “beyond a reasonable doubt” before they can be convicted. Civil lawsuits require a lower standard of proof — when a party’s responsibility is more likely than not. An attorney needs to prove that the presented facts are more likely true than not. This is because civil cases have less severe penalties compared to criminal ones.

3. Type of Trial

Criminal cases often demand trial by jury. Civil cases are usually sorted out through settlement negotiations. However, it is still possible for a civil lawsuit to end up in court. In most cases, a judge will be the one to decide on the case, but a jury may be present in some instances.

4. The Right to an Attorney

Defendants in criminal cases have the right to an attorney. The state is obliged to provide one if the defendant cannot afford to hire a lawyer. In civil lawsuits, defendants have to represent themselves if they cannot afford legal representation.

If you need expert legal counsel with your civil or criminal case, turn to Keith & Associates in Chatsworth, GA. Attorney Bill Keith has over 40 years of experience in the field and is well-versed when it comes to family law, estate and probate, criminal law, and personal injury. Don’t let your legal hurdles weigh you down. Call his office today at (706) 695-4511 to discuss your concern, or visit his website to make an inquiry online.