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When you step into a courtroom, the proceedings fall into one of two categories: criminal and civil cases. Crimes generally involve breaking a law and are considered offenses against the state. Civil litigation, meanwhile, involves disputes caused by injury to another person or business entity. This isn’t the only difference between the two, however. Before seeing an attorney, review this guide explaining some of the main differences between criminal and civil cases.

Standard of Proof

In a criminal case, the government is required to prove the guilt of a defendant beyond a reasonable doubt, which is defined as “such doubt as would cause a reasonable person to hesitate before acting in a matter of importance.” However, in civil litigation, the standard of proof is less demanding; typically, an attorney for the plaintiff needs to prove their case by the preponderance of the evidence, meaning it is more likely than not that the offense occurred.

Constitutional Protections

attorneysBoth the U.S. and Connecticut constitutions afford criminal defendants with an array of rights that the state cannot violate, including:

  • Prohibiting unreasonable searches and seizures
  • Protection against self-incrimination
  • Ability to confront witnesses
  • Receiving counsel from an attorney
  • Writs of habeas corpus

However, many of these rights do not apply in civil litigation, with some limited exceptions. In addition, while the U.S. Constitution guarantees jury trials for civil suits over $20, the Connecticut constitution only protects the right to “remedy by due course of law,” and many civil trials are heard only by a judge.

Punishments

If found guilty, a criminal defendant faces the prospect of jail time, probation, or fines. If found liable in a civil matter, a defendant may have to pay monetary damages—usually to compensate the plaintiff for an actual loss or punitive damages to punish the defendant and deter similar acts in the future—or a judge may order the defendant to perform or to refrain from an action.

 

If you’re in need of an attorney to protect your rights in either a criminal or civil trial, the lawyers at The Law Offices of Conti, Levy and Salerno, LLC have the experience and knowledge to provide high-quality legal representation. This Litchfield County-based law firm has a track record of success. Call (860) 482-4451 or visit them online to learn more about their services. 

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