Criminal and civil cases are not the same, and there are differences under the law. They serve distinct purposes, follow different procedures, and lead to separate outcomes.
At Laffey Bucci D’Andrea Reich & Ryan, we have handled many cases and want our clients to know the differences between criminal and civil liabilities.
Distinctions Between the Two
Criminal and civil liabilities are separate and are defined differently under the laws. Criminal liability is used to define public order and safety by punishing behavior that could harm society.
When someone is criminally liable, they have committed an offense that violates the law. In Pennsylvania, these laws can be found in Title 18 of the Pennsylvania Consolidated Statutes. Punishments for these offenses usually involved fines, incarceration, and other restrictions, such as a loss of certain rights under the Constitution. The purpose of criminal law is to deter those from engaging in this behavior by punishing them and helping to rehabilitate others to prevent future crimes.
On the other hand, civil liability, which is covered in Title 25, Chapter 287 of the Pennsylvania Code, focuses on disputes between individuals, parties, or entities. These cases center around contracts, property disputes, personal injury claims, or family law matters. Under civil liability, the wronged party can receive monetary compensation or another type of remedy.
Different Parties Involved in These Cases
In these proceedings, different parties are named in the complaint. In a criminal case, the government or the state prosecutes the defendant. The state prosecutors act on behalf of residents and will bring charges against the individual accused of committing a crime. During the trial, the prosecution represents the state, while the defendant can seek their own legal counsel or be appointed one by the court.
On the other hand, a civil case is handled between private parties. The person filing the claim seeks to hold another party liable for a harm or loss they have suffered. Unlike criminal cases, the government is not involved in civil litigation unless it is named as a party in the lawsuit.
When it comes to the burden of proof, there is also a difference between civil and criminal cases.
For criminal liability cases, the prosecution does have to shoulder the burden of proof. In short, they need to provide “beyond a reasonable doubt” that the defendant was guilty. In the United States, this is the highest standard of proof.
Civil liability is lower, and the burden of proof rests with the plaintiff. The plaintiff must prove their case by a “preponderance of the evidence.” This means that they must show that it is more likely than not that the defendant is liable for the harm or loss claimed. Some cases, like those involving fraud, might have a higher standard of “clear and convincing evidence.”
Interaction Between Criminal and Civil Liabilities
Remedies under the law are not always separate. In some cases, a person may have both criminal and civil liabilities. For example, if someone was driving their car while under the influence, they could face DUI penalties from the state. Depending on the circumstances, that could include everything from monetary fines, loss of driver’s license, and jail time.
If their actions caused a car accident, leading to injuries to another party, the victim could file a civil lawsuit for injuries. The victim can seek compensation for medical expenses, pain and suffering, and other damages resulting from the accident. These cases are separate but parallel to each other. The criminal and civil cases are tried in separate courts in these situations.
A criminal conviction could have consequences in civil matters. For example, if someone was criminally convicted of driving under the influence, that outcome is more than likely to affect the civil case. Civil proceedings can also impact criminal proceedings. Sometimes, the civil findings of liability can influence plea negotiations.
You Need Separate Legal Help
In civil and criminal liability cases, you need two different types of lawyers. Criminal lawyers focus on defending individuals or entities accused of crimes ranging from traffic violations to homicide. Their primary goal is to protect their client’s rights, challenge the prosecution’s case, and secure an acquittal, reduced charges, or a favorable plea deal.
Civil lawyers work on cases that handle disputes between individuals or entities. They will focus on contract law, personal injury, family law, and property disputes. Their primary objective is to resolve these disputes by winning a lawsuit, securing a favorable settlement, or negotiating an agreement.
Criminal and civil liabilities serve different purposes in the legal system. Whether you are facing a criminal charge, pursuing a civil claim, or seeking to understand your rights and responsibilities under the law, knowing these differences can help you navigate the legal system.