Have you ever found yourself in need of taking legal action but were unsure where to begin? Law is divided into several different categories, making it important to understand the main distinctions so you know what type of attorney you may need to contact should the need arise.
Criminal law and civil law are two common types of law practices, but the differences between the two can be confusing. The following is a general breakdown of what each type entails and some general differences between the two.
Criminal Law
Criminal law refers to a series of laws that punish an individual who commits a crime considered to be against a state or nation. In criminal law cases, it is assumed that the defendant is innocent until proven guilty, and guilt must be proved beyond a reasonable doubt for a guilty verdict to be reached.
In these types of cases, the defendant’s guilt or innocence is typically determined by a jury. If the defendant is found guilty, the government is involved in determining the severity of the punishment, whether that is jail time, parole, house arrest, or paying a fine. The crimes tried in criminal law cases include a wide range, including misdemeanors and felonies, which, in turn, also range in types of crimes, such as parking tickets, speeding tickets, drunk driving, drug crimes, trespassing, murder, assault, kidnapping, and arson.
Civil Law
In contrast, civil law is the term used for any non-criminal law. These cases typically deal with issues of individual interest that have been violated by another party. The other party may be another individual or an organization, and the offended individual must file a case against the other party. In these cases, there is no prosecution or defendant, but two “parties” involved.
In a civil court case, the plaintiff files a lawsuit against the other party. In a civil court case, the plaintiff generally bears the burden of proof. Civil cases may include defamation, negligence ending in harm, property damage, breach of a contract, and much more.
General Differences
The definitions and sorts of offenses that each of these two categories include are perhaps the largest differences between the two. The majority of criminal offenses, including sexual crime, theft, robbery, assault, murder, burglary, and manslaughter, are covered by criminal law. Criminal law is in place to safeguard society since the kinds of offenses that fall under its purview frequently have an impact on society as a whole.
While criminal law exists to protect society, civil law protects individuals (and organizations/companies). Individuals are safeguarded against defamation, carelessness, property damage, breaches of contract, and bodily injury under civil law.
It is easy to recognize that criminal law and civil law deal in different types of legal action entirely. However, there are even more qualities that differentiate the two. For example, both types of law operate differently in the courtroom.
In criminal law cases, the government bears the burden of proof, while in civil court cases, the plaintiff generally bears the burden of proof.
Further, criminal cases are almost always resolved by a jury, but civil court cases are often resolved with a judge, or even outside of the courtroom entirely through settlement, mediation, or arbitration.
While criminal cases typically end in incarceration, probation, and large fines if the defendant is found guilty, civil cases typically result in the accused party paying damages (compensation) to the plaintiff.
Contact Us Today
One should understand the distinctions between civil law and criminal law for basic awareness. However, if you find yourself in need of legal advice, either criminal or civil, it is best to contact an experienced attorney who can expertly represent your best interests.
If you have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. We have offices in Port St. Lucie and Stuart and provide legal services throughout the Treasure Coast and Florida.
