The Differences Between a Criminal Case and a Civil Case
The American legal system is comprised of two very different types of cases, civil and criminal. Crimes are generally offenses against the state, and are accordingly prosecuted by the state. Civil cases on the other hand, are typically disputes between individuals regarding the legal duties and responsibilities they owe one another. These cases are adjudicated through civil lawsuits.
Here are some of the key differences between a criminal case and a civil case:
In general, because criminal cases have greater consequences - the possibility of jail and even death - criminal cases have many more protections in place and are harder to prove.
The Same Conduct Can Produce Civil and Criminal Liability
Although criminal and civil cases are treated very differently, many people often fail to recognize that the same conduct can result in both criminal and civil liability. Perhaps one of the most famous examples of this is the OJ Simpson trial. The same conduct led to a murder trial (criminal) and a wrongful death trial (civil). In part because of the different standards of proof, there was not enough evidence for a jury to decide that OJ Simpson was guilty "beyond a reasonable doubt" in the criminal murder case. In the civil trial, however, the jury found enough evidence to conclude that OJ Simpson wrongfully caused his wife's death by a "preponderance of the evidence".
Getting Legal Help to Understand Criminal vs. Civil Cases
As noted, there are times when you can be exposed to both criminal and civil liability for the same act. However, only criminal charges can result in a prison sentence. That's why it's important to contact an experienced criminal defense attorney if you've been charged with a crime both to evaluate the evidence in your case and to ensure that all of your rights are protected.
Contact a qualified criminal lawyer to make sure your rights are protected.