Civil Cases vs Criminal Cases: What’s the Difference?
In the U.S. legal system, when you file a lawsuit, it generally falls into one of two main categories: civil litigation, or criminal litigation. While both types of lawsuits use the court system, criminal cases and civil suits are not the same. These suits come into play in different scenarios, and serve different purposes, follow differing procedures, and will have different results at the end of the day. It is important to understand the distinctions between these different suits to make informed decisions about what type of lawsuit you wish to file, or what you need to know ahead of being served yourself. It is also important to note that some lawsuits could involve both civil and criminal charges. It is important to understand how this interplay may affect you as you move forward.
While this article will provide some general information, it is no substitute for conferring with a dedicated attorney to obtain official advice that is tailored to your own unique circumstances. To speak with an experienced Florida civil law attorney, contact the esteemed legal team at Suncoast Civil Law.
Civil Litigation
Civil litigation seeks to resolve civil, non-criminal disputes. These disputes might arise between private parties such as neighbors, family members, other individuals, even companies or organizations.
Criminal Litigation
Criminal litigation, on the other hand, involves the government prosecuting somebody after they have been accused of breaking the law. If you understand the differences between these categories, you will be able to better navigate the litigation process ahead.
Who Initiates
A primary way to figure out whether you are facing a criminal or civil suit is to assess who is filing the lawsuit.
- Civil litigation: A plaintiff who accuses a defendant of wrongdoing. They are seeking compensation or another legal or equitable remedy in response to the defendant’s alleged actions.
Each side will need to hire and pay for their own attorney. Legal counsel is not provided as it sometimes is in criminal suits. - Criminal litigation: The lawsuit is filed by the state government or federal government, via a prosecutor or district attorney. The lawsuit is in response to a defendant’s alleged violation of criminal laws.
Legal Goals
The primary goals behind civil litigation and criminal litigation are different. Civil litigation essentially tries to compensate the plaintiff for the harm or loss suffered. The goal is to return the wronged party to their prior position. As a result, civil litigation can result in an award of monetary damages, injunctions, or court-ordered actions.
Criminal litigation is aimed toward punishment of the offender. Primarily, criminal suits are filed in order to deter future criminal activity. At the conclusion of a criminal case, defendants might be ordered to pay fines, serve probation, be ordered to do community service, and/or serve time in prison or jail.
Overlap Between Civil and Criminal Cases
The same incident might sometimes lead to both civil and criminal charges. For example, a person who has been accused of vehicular homicide could face criminal prosecution from the state, as well as a civil lawsuit from the victim’s family, seeking damages/a wrongful death conviction.
Both kinds of suits serve distinct purposes. Understanding the situation ahead of you and what may be coming down the line can help you strategize your best steps as you move forward. An experienced civil litigation attorney can help.
Contact Us Today
The Sarasota civil litigation attorneys with Suncoast Civil Law can help you assess your case and strategize next best steps. Contact our office today to begin discussing your circumstances with our team.
Sources:
uscourts.gov/about-federal-courts/types-cases/civil-cases
americanbar.org/groups/litigation/practice-areas/civil-litigation/