Our legal system is divided up into two distinct parts, which are the criminal and civil court systems. Although an attorney may practice in both areas of law, this requires specialized expertise in each legal arena. There are many ways that criminal trials differ from civil lawsuits. Here’s a closer look at the two processes.

How Do Civil & Criminal Law Differ?

Civil Cases

The most obvious difference is in the general objectives of each type of court case. While criminal law focuses on punishing offenders for committing crimes, the civil courts help individuals and organizations seek relief for damages caused by others. There are many different types of grievances that civil courts can settle, including family law issues, personal injury cases, and business disputes.

In a civil suit, a plaintiff charges a defendant—or several defendants—with causing harm. This is done either through negligence or willful conduct. A  plaintiff in a civil case must be able to show that the defendant caused them to suffer a financial burden as a result of said conduct.

In a civil lawsuit, the burden of proof is lighter. A civil trial only requires that the court make a decision based upon a “preponderance of the evidence,” as opposed to the requirement that guilt is proved beyond a “reasonable doubt” in criminal trials. Additionally, a civil case can be won with a majority vote, whereas criminal cases must result in a unanimous decision. As civil cases do not pose the possibility of jail time, defendants do not have the right to counsel. This means it’s their own responsibility to hire an attorney.

Criminal Trials

Criminal courts only hear cases in which the federal, state, or local government has charged a defendant with committing a crime. Since these charges often carry stiff imprisonment terms,  each defendant has the right to a criminal defense attorney, whether they hire one themselves or rely upon a court-appointed public defender. In criminal cases, the plaintiff is the government, which is represented by a prosecutor. Even though the crime has been committed against an individual, the charges are filed on behalf of the government.

In a criminal case, a guilty verdict, which is a finding against the defendant, must be unanimous. This means the prosecutor must prove guilt beyond a reasonable doubt—therefore, the burden of proof is stricter in a criminal case. 

Criminal courts hear both felony and misdemeanor cases. While felony convictions carry imprisonment terms of more than one year, a maximum penalty for a misdemeanor is usually less than one year in county jail. Additionally, either type of crime can result in fines to be paid to the court and/or restitution to be paid to the victim. In some states, criminal charges may be dismissed if the defendant pays restitution to the victim of a minor misdemeanor crime.

J.P. Coleman Law, LLC, Attorneys at Law handles the defense of misdemeanor and felony criminal charges in Baldwin, AL. Hiring an experienced attorney who will devote their time and resources to you is essential when you’re facing criminal charges. To learn more about how a criminal defense lawyer can help you, visit their website. Call (251) 947-6247 to schedule a consultation.