Civil Cases vs.

Criminal Cases: Key

Differences
By Susan Buckner, J.D. | Legally reviewed by Melissa Bender, Esq. |
Last reviewed June 17, 2024

Legally Reviewed

Fact-Checked

Civil cases usually involve private disputes between persons or

organizations. One person or entity wrongs another and asks the civil
court to resolve the dispute. Criminal cases involve an action
considered harmful to society as a whole. The defendant commits
these offenses against the "state" or "the people." While criminal
law and civil law are different, there is some crossover. You should
know the key differences between civil and criminal cases. This
article reviews some of these differences below.

Civil Cases
A civil case begins when an individual or entity (such as a
corporation), the plaintiff, files a legal action against another
individual or entity, the defendant. The plaintiff and the defendant are
also called "parties" or "litigants." The plaintiff usually claims the
defendant has breached a civil duty or been negligent in some way.
Negligence cases are examples of torts.

The plaintiff may ask the court to order the defendant to fulfill a duty,
compensate for the harm done, or both. Legal duties in tort include
adhering to contracts, having insurance, and maintaining property.

State and federal courts can hear civil suits. An example of a civil
case in a state court would be if one party sued another for breach of
contract. In breach of contract, one party fails to follow the terms that
the parties previously agreed to.
For example, a lumberyard contracts to sell wood to a carpenter for a
set price. On the delivery date, the lumberyard fails to deliver the
wood. The carpenter needs the wood that day, so they must buy it
elsewhere at a higher price. The lumberyard has breached the
contract, and the carpenter can sue for damages, the costs of buying
the wood, and any delay in the project.

Parties, including the federal government, can bring civil suits to

federal courts. Federal courts hear violations of federal statutes
and constitutional rights. They also hear "diversity" cases where
parties are from different states.

In a civil trial, constitutional rights to due process don't apply in the

same way as in criminal court. Defendants don't have the same right
to a speedy trial. There is no bail or bond in a civil lawsuit. The burden
of proof is on the plaintiff, but in most cases, the burden is only
a preponderance of the evidence. This usually means "more likely
than not."

Criminal Cases
Criminal cases fall into several categories: felonies, misdemeanors,
and infractions. The category depends on the nature of the crime and
the length of the sentence.

 Felonies are the most serious crimes. They include homicide,

armed robbery, kidnapping, and drug trafficking. They may also
include high-dollar value white-collar crimes. Felonies have
prison sentences of over one year.
 Misdemeanors are less serious crimes. They can include petty
theft, simple assault and battery, property crimes, and minor
traffic crimes. Misdemeanors receive jail sentences of less than
one year.
 Infractions are minor crimes. Most people have committed one
infraction, such as minor traffic violations, public intoxication, or
similar crimes. Infractions are punishable by fines.

The victim does not bring criminal charges against the suspect. The
government prosecutes the crime on behalf of the people of the state
where the crime occurred. Under the U.S. Constitution, all defendants
in criminal court have the right to due process. Due process at
trial includes:

 The right to a criminal defense attorney during trial

 The right to a presumption of innocence
 The right to a speedy trial
 The right to make bail
 The right to call witnesses in their defense and to confront
witnesses against them

The prosecution has the burden of proof against the defendant and, in
a criminal case, must prove guilt beyond a reasonable doubt. The
principal difference in a criminal case is that the defendant is facing a
loss of their liberty. So, there's a higher standard of proof in a criminal
case than in civil litigation.

Civil Cases vs. Criminal Cases: When They

Cross Paths
Some acts are both civil and criminal. The intentional tort of assault
and battery can also be the crime of assault and battery. More often,
a plaintiff would file the intentional tort action because the battery did
not rise to the level of a criminal assault.

Criminal acts frequently give rise to civil liability. Defendants charged

and convicted of homicide are often sued for wrongful death after
the criminal trial ends. The criminal case punishes the wrongdoer,
while the civil case attempts to compensate the victim or their family.

Get Professional Legal Help Today

If you've been accused of a crime and are facing jail time, you need
a criminal defense attorney. If you have a personal injury claim or
other civil matter, you should speak to a personal injury attorney in
your area. For general information or legal advice, FindLaw is here to
answer your questions.