In the legal landscape, there are two different ways of holding people legally accountable for lawless actions. These are through the criminal court system and the civil court system.
While a local, state, or federal government holds individuals accountable and punishes them for their crimes under the criminal court system, individuals can hold each other accountable and seek decisions or financial compensation through the civil court system.
Each court has different powers. While a criminal court has the power to impose a variety of punishments, from fees, jail time, or even the death penalty, a civil court will make decisions about rights and responsibilities in disputes between individuals, sometimes ordering money paid to a victim or plaintiff, as damages.
What Offenses Does A Criminal Court Court Deal With?
Even when a crime is perpetrated against another individual, it is considered an offense against society as a whole. Consequently, the government brings a criminal case against the person who has been charged, known as the “defendant.”
Common criminal offenses include
- Property crimes such as burglary and theft
- Drug offenses
- Alcohol-related offenses
- Violent crimes such as murder, manslaughter, rape
- Fraud
- Domestic violence and family offenses
Criminal charges can range from Class C misdemeanors to capital felonies with a broad range of punishments.
After an arrest has been made and charges filed, the case will be brought by a prosecutor and heard before a jury that will come back with a verdict. Depending on the verdict, the defendant will either go free or be sentenced, depending on the variables of the case and any deals that have been made between the defense and prosecution.
What Offenses Does A Civil Court Court Deal With?
In a civil case, the lawsuit is brought by one individual against another individual or entity.
Common cases considered by civil courts include
- Personal injury claims
- Money and debt disputes
- Traffic violations
- Divorce and family law issues
- Property disputes
- Debt and bankruptcy
- Unemployment, workers’ compensation, Social Security, and SSI benefits
Civil cases most often are settled through negotiation between the parties involved. When they do make it to court, decisions are usually made by a judge, although some cases do appear before a jury.
Rights, Protections, And Punishments
In a criminal case, the defendant has very different rights, protections, and possible punishments than a defendant in a civil case. Considering that the stakes are much higher in a criminal case, the standard of proof is also higher, and more protections are afforded to the defendant.
- Standard of proof – In a criminal court case, the burden of proof is “beyond a reasonable doubt.” The prosecution must prove to the jury that no other reasonable explanation exists, given the evidence presented. This demands a higher degree of certainty from a jury in order to render a verdict. In a civil claim, the standard of proof is a “preponderance of evidence” demanding a degree of certainty of greater than 50 percent.
- Protections and rights – The defendant in a criminal case has many rights and protections under the law, including protection from unlawful search and seizure, arbitrary arrests, the right to a jury trial, the right to remain silent, and other rights under the constitution.
The Right To Skilled Legal Defense
One of the rights afforded to a criminal defendant is the right to an attorney. If the defendant can’t afford one, the state must provide one. This is not true of a civil case.
While a criminal defense lawyer is a constitutional right, the quality of that defense is what is most critical, especially given the consequences. If you have been accused of or charged with a crime in the Houston area, call the experienced criminal defense attorneys at Vinas & Graham at (713) 229-9992 or contact us via our online contact form to schedule a consultation to ensure your best possible defense and that your legal rights are protected. You may also learn more about us on our Facebook page.
