At some point, you might need assistance from an attorney for a legal matter that goes to court. Whoever brings the case against a defendant determines whether it will be presented in civil or criminal court. To prepare for the situation, if it ever arises, below are key differences between the two. 

Criminal Court 

If the government accuses a person of a misdemeanor or felony offense on behalf of a victim or society at large, the case's outcome is decided in criminal court. At the federal level, the United States Attorney’s Office handles the prosecution, which can include kidnapping, bank robbery, and drug manufacturing cases. Additionally, a district attorney prosecutes cases when driving rules and other state laws are violated.

Since the defendant could face prison time as well as financial penalties, the burden of proof is higher for criminal cases than for civil matters. The prosecution must present evidence that illustrates the defendant’s guilt beyond a reasonable doubt.

Civil Court

When an individual or entity sues another person or a business, a civil court judge determines the outcome of the case. The plaintiff, or individual suing, will have their attorney reach out to the court, requiring that the defendant fulfills their legal commitment or ask for damages to cover the wrongdoing. Personal injury claims, breaches of contract, and landlord disputes with tenants are a few types of cases settled through civil litigation. If the parties are in different states or violation of federal statutes or constitutional rights applies, the case might be heard in federal court.

To win the case, the burden of proof is placed on the plaintiff. A preponderance of the evidence is the evidentiary standard used in civil cases. The plaintiff must present compelling evidence that backs up their claim that the event in question did take place. Then the judge or jury must deem 51 percent of the evidence or more in the plaintiff’s favor, otherwise, the defendant will face no charges. 

Whether you need representation during civil litigation or a sharp team to build a criminal defense, count on the attorneys at McGinnis & Leslie PLLC in Ashland, KY, to help. Since its founding in 1963, the firm has cultivated a reputation for helping clients navigate the legal system and ensuring they are treated fairly during proceedings. Learn more about the attorneys’ credentials online and call (606) 473-7303 to arrange a meeting.